General
N3.7bn Case: EFCC Begs Court for Ex-NDDC Project Director’s Arrest
By Adedapo Adesanya
The Economic and Financial Crimes Commission (EFCC) is seeking the arrest of a former Executive Director on Projects for the Niger Delta Development Commission (NDDC), Mr Tuoyo Omatsuli, to attend his trial over an alleged N3.6 billion fraud.
The anti-graft body asked the Federal High Court sitting in Lagos to issue a warrant of arrest to compel Mr Omatsuli, who was facing the trial alongside his acquaintances, Mr Francis Momoh, Don Parker Properties Limited, and Building Associates Limited.
The respondents were initially standing trial on an alleged case of conspiracy and money laundering to the tune of N3.645 billion before retired Justice Saliu Saidu of the Federal High Court, Ikoyi, Lagos.
“That you, Engr Tuoyo Omatsuli, Don Parker Properties Limited, Francis Momoh, and Building Associates Limited, between August 2014 and September 2015 at Lagos, within the jurisdiction of this Honourable Court, conspired to disguise the illegal origin of N3,645,000,000 being proceeds of unlawful activity to wit: corruption and gratification; and thereby committed an offence contrary to Section 18 of the Money Laundering Act 2011 as amended by Act No 1 of 2012 and punishable under Section 15 (3) of the same Act,” one of the counts read.
“That you, Engr Tuoyo Omatsuli, between August 2014 and September 2015 at Lagos, within the jurisdiction of this Honourable Court, did procure Francis Momoh and Building Associates Limited to use the total sum of N3,645,000,000 paid by Starline Consultancy Services into the Diamond Bank Plc Account No. 0023785116 operated by Building Associate Ltd, when you reasonably ought to have known that the said sum formed part of the proceeds of your unlawful activity to wit: Corruption and Gratification; and you thereby committed an offence contrary to Section 18 of the Money Laundering Act 2011 as amended by Act No 1 of 2012 and punishable under Section 15 (3) of the same Act,” another count read.
They pleaded not guilty to the charges preferred against them.
The EFCC, after calling 16 prosecution witnesses, subsequently closed its case against the defendants. However, rather than open their defence, the defendants filed a no-case submission, which was heard on October 12, 2020.
In his ruling on November 11, 2020, Justice Saidu discharged the first defendant, Omatsuli, saying, “I have gone through the charge preferred against the defendants as well as the evidence of all the 16 prosecution witnesses and I found no reason for the first defendant to enter the defence.”
Consequently, the EFCC vowed to appeal the discharge of the former NDCC boss.
On April 13, 2022, a three-man panel of the Court of Appeal, Lagos Division, upheld the appeal of the EFCC and dismissed the ruling of the trial court.
The judgment delivered by Justice Festus Obande Ogbuinya held that the ruling of the lower court dated November 11, 2020, discharging the respondent, Omatsuli, of the money laundering charges “is hereby set aside and he shall enter into his defence accordingly on the same counts.”
The Appellate Court, however, discharged Omatsuli on counts 27, 28, and 29 of the charge. In the course of the trial, Justice Saidu retired, and the matter was subsequently re-assigned to Justice Osiagor.
However, at the resumed sitting yesterday, Counsel to the 2nd defendant, Mr Norrison Quakers, a Senior Advocate of Nigeria, informed the court that Mr Omatsuli was absent in court because he had an appeal pending before the Supreme Court.
“The first defendant is on appeal at the Supreme Court. A no-case submission filed by the 1st defendant before the Federal High Court was upheld and EFCC appealed the decision. This decision was, however, reversed at the Appellate court and the no-case submission was dismissed. The defendants were ordered to enter into their defence. Dissatisfied with the ruling of the Appeal Court, the 1st defendant appealed to the Supreme Court and the matter is yet to be determined”, he said.
He also told the court that the 1st defendant was not aware of the hearing because he was not represented by a counsel at the last proceedings.
Responding, prosecution counsel, Mr Ekele Iheanacho, said: “At the previous sitting, sometime in November 2023, the matter came up for arraignment, and a counsel appeared on behalf of the 1st defendant. The court then asked us to choose a date for arraignment. On that basis, I didn’t ask for a bench warrant against the defendant.”
He further told the court that “There is no stay of proceedings in the law, according to the Administration of the Criminal Justice Act, ACJA. The pendency of the appeal does not prevent the proceedings at the Federal High Court from going on.” While referring to S352 of the ACJA, Iheanacho, therefore, applied for a bench warrant against Omatsuli.
Justice Daniel Osiagor disagreed with Iheanacho that the 1st defendant was aware of today’s hearing and, therefore, ordered that he be put on notice.
The case was adjourned to March 22, 2024, for re-arraignment and trial.
By Adedapo Adesanya
Operatives of the Nigeria Customs Service (NCS) have intercepted $1,154,900 and SR135,900 undeclared foreign currency at the Mallam Aminu Kano International Airport (MAKIA).
NCS spokesman, Mr Abdullahi Maiwada, disclosed this in a statement on Thursday, revealing that the seizure was made recently during a routine baggage check on an inbound passenger, Mrs Hauwa Ibrahim Abdullahi, who arrived on Saudi Airline Flight No. SV401 from Saudi Arabia.
According to Mr Maiwada, during the physical examination of the passenger’s luggage conducted by NCS Officers, the undeclared currency was discovered concealed within palm-date fruit packs locally referred to as Dabino.
He stated that the interception aligns with the NCS’s commitment to enforcing financial regulations and preventing illicit financial flows across Nigeria’s borders.
“In line with established procedures, the suspect and the seized foreign currency have been handed over to the Economic and Financial Crimes Commission (EFCC) for further investigation and necessary legal action,” the statement read.
“Subsequently, the court convicted the defendant as charged and ordered the forfeiture of the undeclared money to the Federal Government in line with the provisions of the Money Laundering (Prevention and Prohibition) Act of 2022.
“The Service reiterates that all travellers must comply with Nigeria’s financial regulations, particularly the legal requirement to declare any cash or negotiable instruments exceeding the approved threshold when travelling in or out of the country. The Money Laundering (Prevention and Prohibition) Act of 2022 and the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, 1995, provide clear guidelines on currency declaration. Non-compliance with these regulations constitutes a violation of Nigerian law and attracts severe penalties. The Service, therefore, urges the public to adhere strictly to these requirements to avoid legal consequences.
“Under the leadership of the Comptroller-General of Customs, Bashir Adewale Adeniyi, the NCS remains resolute in its enforcement efforts to combat smuggling, illicit financial transactions, and other trans-border crimes.
“This latest seizure highlights the Service’s unwavering dedication to protecting the nation’s economic interests and ensuring compliance with financial regulations.
“The NCS will continue to collaborate with relevant government agencies and stakeholders to strengthen border security, enhance compliance with financial laws, and safeguard Nigeria’s economy.
“Travellers and stakeholders in the financial sector are advised to remain vigilant and always adhere to lawful financial practices,” he added.
By Aduragbemi Omiyale
The Economic and Financial Crimes Commission (EFCC) has expressed concerns over the rising rate of Ponzi schemes in Nigeria amid genuine desire by citizens to seeks streams of income to survive the current harsh economic environment.
In a statement on Tuesday, the Head of Media and Publicity of the EFCC, Mr Dele Oyewale, said it has identified about 58 Ponzi scheme operators defrauding Nigerians under the guise of investment opportunities, warning members of the public to be wary of them.
He said these firms have not been registered or authorised by the Securities and Exchange Commission (SEC) or the Central Bank of Nigeria9CBN) to operate in the country’s financial markets, making their operations illegal.
According to him, the commission has taken legal action against many of the entities, leading to the conviction of five, while another five have pleaded guilty and are awaiting further judicial processes, with other cases still pending arraignment.
Mr Oyewale urged victims of fraudulent schemes to come forward with complaints and assured them that efforts were ongoing to recover funds where possible.
“We urge the public to verify any investment opportunity with the CBN and SEC before engaging. The EFCC remains committed to safeguarding the public from predatory operators and ensuring a corruption-free economic environment,” he stated.
“In line with its commitment to sanitising the financial space of the nation and providing the investing public with adequate and reliable information, the EFCC hereby alerts Nigerians to the operations of 58 companies posturing as investing entities but defrauding innocent citizens of their hard-earned money,” he stated.
He said some of the flagged companies include Wales Kingdom Capital, Bethseida Group of Companies, AQM Capital Limited, Titan Multibusiness Investment Limited, Brickwall Global Investment Limited, Farmforte Limited & Agro Partnership Tech and Green Eagles Agricbusiness Solution Limited among others.
The firms are Richfield Multiconcepts Limited, Forte Asset Management Limited, (Biss Networks Nigeria Limited, S Mobile Netzone Limited, Pristine Mobile Network), Letsfarm Integrated Services, Bara Finance & Investment Limited, Vicampro Farms Limited, Brooks Network Limited, Gas Station Supply Services Limited, Brass & Books Limited, (Annexation Biz Concept & Maitanbuwal Global Venturescrowdyvest Limited,) and Crowdyvest Limited,
Others are Jadek Agro Connect Limited, Adeeva Capital Limited, Oxford International Group and Oxford Gold Integrated, Skapomah Global Limited, MBA Trading & Capital Investment Limited, TRJ Company Limited, Farm4Me Agriculture Limited, Quintessential Investment Company, Adeprinz Global Enterprises, Rockstar Establishment Limited, SU.Global Investment, Citi Trust Funding PLC, Farm Buddy, Eatrich 369 Farms & Food, Globertrot Farmsponsors Nigeria Limited, Farm Sponsors Limited, Cititrust Credit Limited, Farmfunded Agroservices Limited, Adamakin Investment & Works Limited.
The rest include Cititrust Holding PLC, Green Eagles Agribusiness Solutions Limited, Chinmark Homes & Shelters Limited, Emerald Farms & Consultant Limited, Ovaioza Farm Produce Storage Limited, Farm 360 & Agriculture Company, Requid Technologies Limited, West Agro Agriculture & Food Processing Limited, NISL Ventures Limited & Estate of Laolu Martins, XY Connect Investment Limited, River Branch Unique Investment Limited, Hallmark Capital Limited, CJC Markets Limited, Crowd One Investment, Farmkart Foods Limited, KD Likemind Stakeholders Limited, Holibiz Finance Limited, Ifeanyi Okpe Oil & Gas Services, Servapps Nigeria Limited, Barrick Gold Mining Company and 360 Agric Partners Limited.”
By Modupe Gbadeyanka
The Governor of Anambra State, Mr Charles Soludo, has explained that the recent law, which banned noise pollution in the state, was not put in place to frustrate evangelism.
In a statement issued on Tuesday by the Commissioner for Information, Mr Law Mefor, the Governor emphasised that preachers have nothing to fear if they do not cause noise pollution, especially at markets and other public places in the state.
It was speculated that Mr Soludo came up with the controversial law after his encounter with an itinerant preacher at the popular Onitsha Market recently.
The statement drew the attention of members of the public to the Public Health Law 2006, which prohibits noise pollution and preaching in inappropriate places like markets using loudspeakers.
The Governor advised preachers to conduct their activities in churches or designated areas where people can gather and listen to the word without disrupting others’ activities.
He stressed that noise pollution is punishable under Sections 8(1,4b) and 9(1,2) of the Public Health Laws of Anambra State, 2006.
It was noted that as a matter of precedence, a magistrate court in Nnewi made this law actionable against a church in 2019.
The public was advised to disregard any claims suggesting Governor Soludo has banned evangelism or public preaching in Anambra State, urging them to adhere to the Public Health Law and respect other people’s rights to a conducive environment.
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