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Akingbola Opposes EFCC’s Attempt To Tender Evidence Against Him
Akingbola, Managing Director of the defunct Intercontinental Bank Plc, on Friday opposed the move by the Economic and Financial Crimes Commission (EFCC) to tender statements of accounts from Access Bank.
The accounts allegedly linked Akingbola to the alleged fraud.
Through his lawyer, Wole Olanipekun (SAN), the embattled former MD said the statements could not be tendered because they were freshly sourced.
This, according to the senior advocate, contravenes proceedings for criminal trials that mandate all investigations in a criminal case to be concluded before the case is filed in a court of competent jurisdiction.
The 10-year-old trial witnessed a heated argument between the prosecuting counsel, Rotimi Jacobs (SAN), and the defence team.
The defence team also contended that the anti-graft agency could not substitute a witness in the case.
Akingbola’s 10-year-old trial reopened last month, after it had journeyed all the way to the Supreme Court and back.
He was re-arraigned on March 13, 2019 on further amended 22 counts, wherein he was accused of using N179bn belonging to the defunct Intercontinental Bank for “fictitious transactions.”
Among other allegations, the EFCC also claimed that Akingbola granted loans to a number of companies without adequate securities.
But the ex-bank chief pleaded not guilty.
At Friday’s proceedings before Justice Mojisola Olatoregun, the prosecution called its third witness, Uyoyou Ewhe, an Access Bank official, and sought to tender through him the statements of certain accounts opened in Access Bank.
Jacobs told the court that he settled for Ewhe to tender the documents “because the intended witness who was to tender the documents, we were told, has left the bank and is no longer in the country.”
But the lead defence counsel, Olanipekun, opposed him, contending that the documents were only freshly sourced.
“The prosecution was sourcing for evidence two days ago in a trial that started 10 years ago,” Olanipekun said.
Citing the case of Enahoro and the Queen of 1965, Olanipekun further contended that the prosecution could not substitute a witness.
“You cannot substitute a witness in a criminal proceeding; substituting a witness amounts to sourcing for evidence contrary to the decision of the Supreme Court in the celebrated case of Enahoro against the Queen of 1965.
“If you don’t have your witnesses, you don’t have your witnesses; you cannot substitute witnesses,” he said.
He also urged the judge not to admit the documents on the basis that they emanated from Access Bank, which he said was an interested party in Akingbola’s trial.
“Section 83 of the Evidence Act prohibits admissibility of this type of document. We have addressed Your Lordship on the interest of Access Bank in this matter, which is undisguised.
“This witness, the maker of this document, is an official of Access Bank. Put succinctly, this document is an Access Bank document. And I daresay, the documents were made as a result of evidence already given, may be to patch up the evidence; it is a natural consequence which the court is called upon to assume.”
But countering Olanipekun, Jacobs said, “The question of substituting a witness does not arise, and even if it arose, the prosecution is not limited to the list of witnesses in the proof of evidence originally filed.”
He said in the case of Enahoro, which Olanipekun cited, “the Supreme Court did not decided that witnesses cannot be changed.”
As to the argument that the documents sought to be tendered were freshly made, Jacobs said by virtue of the Administration of Criminal Justice Act, the prosecution was at liberty to file additional evidence any time before judgment.
He added that the documents were old statement of accounts of 1990.
“It is just the letter covering the documents and the certificate showing compliance that are new. It is new bottle with the old wine,” Jacobs said, stressing that the documents were relevant to the case.
After hearing both sides, Justice Olatoregun adjourned till April 18 for ruling.
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APC Launches Reps Primaries, Embraces All-Inclusive Screening Approach — Morka
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Abbas, Kalu, Ihonvbere, Doguwa, Faleke, Obasa, Amaewhule, others in race for tickets
Primaries to pick candidates of the All Progressives Congress (APC) for next year’s elections begin tomorrow.
Aspirants for House of Representatives tickets will take the first shots across the 360 constituencies.
As of last night, the party’s national secretariat was busy coordinating reports from screening centres, while appeal committees also sat to consider different cases as they arose.
“The process is tough, and the schedule is tight,” a member of the party’s National Working Committee (NWC) told The Nation.
The party assured its members that, despite the logistical difficulties, the process would proceed as planned.
Leading lights of the party, which controls an overwhelming majority in the Green Chamber, such as Speaker Abbas Tajudeen, Deputy Speaker Benjamin Kalu, House Leader Prof. Julius Ihonvbere, spokesman Akin Rotimi, long-standing member Ado Doguwa, Finance Committee Chairman James Abiodun Faleke, former minister Nkeiruka Onyejeocha, Chijioke Edoga and Leke Abejide, who defected from the African Democratic Congress (ADC), are among those seeking tickets to return.
Among those seeking a return to the House are Bimbo Daramola (Ekiti), Kafilat Ogbara (Lagos), Oluwole Oke (Osun) and Donald Ojogo (Ondo).
There are also high-profile lawmakers from state Houses of Assembly bidding to move to the House of Representatives.
These include Speakers Mudashiru Obasa (Lagos) and Martins Amaewhule (Rivers).
National Publicity Secretary Felix Morka said the date fixed for the intra-party selection is sacrosanct.
The screening of the contenders has set the stage for what is largely expected to be direct primaries and, in some cases, consensus arrangements.
According to the APC guidelines, direct primaries should be adopted where consensus agreements fail.
Sources said the panel cleared all aspirants from Lagos, Ondo, Ekiti, Enugu and Rivers states.
However, a source said members of the Appeal Committee were at the Treasures Suites in Abuja handling last-minute petitions arising from the screening exercise.
According to the source, governors still hold the ace, having been saddled by the party with negotiating the “mode of primary” best suited for their respective states.
A senior party official confirmed that the committee refused to bow to external interference.
He said despite intense lobbying and “pressure from opponents,” the screening panels opted for an all-inclusive approach.
The source added: “No aspirant was disqualified. I was part of the team that handled Lagos, Ondo, Ekiti, Enugu and Rivers states, and I am sure that all the aspirants were cleared.
“There was pressure to disqualify some, but the screening committee stood its ground.”
The party’s National Working Committee (NWC) reviewed the report of the screening committee on Tuesday and yesterday.
While the official results have not been formally gazetted, sources at the party’s headquarters confirmed that the reports have been ratified.
Already, the NWC has dispatched primary election committees to the states to liaise with governors for rancour-free shadow elections that will produce acceptable candidates.
A member of the NWC reiterated the party’s resolve to adhere to the revised schedule of activities and timetable.
He said: “We have done everything possible for the primaries to be held as scheduled.”
Emphasising that the timetable would not change, Morka said the clarification became necessary following misleading reports.
He said the primaries will be held as follows: senatorial, May 18; House of Assembly, May 20; governorship, May 21; and presidential, May 23.
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Breaking : Energy Commission DG Nabbed by EFCC Over Alleged N500bn Scam
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Operatives of the Economic and Financial Crimes Commission have arrested the Director-General of the Energy Commission of Nigeria, Dr. Mustapha Abdullahi, over alleged money laundering offences.
A source within the anti-graft agency, who spoke on condition of anonymity because he was not authorised to comment officially on the matter, disclosed on Wednesday that Abdullahi was arrested in Abuja and is currently being held in the custody of the commission.
According to the source, the investigation involves alleged fraud amounting to about N500 billion.
“We have arrested the Director-General of the Energy Commission of Nigeria, Dr. Mustapha Abdullahi, over alleged money laundering offences. He was arrested in Abuja and is currently in our custody. The amount involved is estimated at N500 billion,” the source said.
The commission is yet to issue an official statement regarding the arrest as investigations continue.
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Foreign Investors Drag Senator Fasuyi to EFCC Over Alleged $2.98 Million Fraud
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Senator Cyril Fasuyi, representing Ekiti North Senatorial District, has been dragged before the Economic and Financial Crimes Commission (EFCC) over an alleged fraud involving the sum of $2,980,535.00.
The petition, submitted by Mr. Nuel Wilson, West Africa Regional Representative of Integrated Packaging Systems FZCO (IPS Ingredis) and its Nigerian subsidiary, IPS Ingredis Integrated Systems Limited, accused Senator Fasuyi and his wife, Mrs. Elizabeth Adun Fasuyi, of conspiracy, fraudulent conversion, obtaining by false pretence, stealing, and diversion of foreign investment funds.
According to the petition, which was acknowledged by the EFCC on December 10, 2020, the Dubai-based company alleged that the senator and his wife, operating under the name Legacy Foods Limited, failed to remit payment for products supplied to them after several business transactions.
The petition stated that IPS Ingredis, a company registered in Dubai, United Arab Emirates, conducts the business of sales, supply, and distribution of raw materials across different countries, including Nigeria, through its local subsidiary based in Lagos State.
The complainant explained that the business relationship between both parties began in November 2015 after the suspects were introduced to the company by one of its Chinese customers. Following several meetings, the Fasuyis allegedly represented themselves as credible business partners interested in the company’s line of products.
Based on the agreement, the company reportedly supplied various raw materials, including corn starch, maltodextrin, shortening, maltose syrup, and other products to Legacy Foods Limited through multiple purchase orders.
The petition further alleged that goods worth over $9 million were supplied to the suspects during the course of the business relationship. However, the company claimed that after selling the products, the suspects allegedly refused to pay the outstanding sum of $2,980,535.00.
“Our clients supplied goods worth over $9,000,000.00 to the suspects. The suspects, after selling all the goods, refused to pay the sum of Two Million, Nine Hundred and Eighty Thousand, Five Hundred and Thirty Five United States Dollars worth of products already supplied,” part of the petition read.
The foreign investors also accused the suspects of allegedly diverting proceeds from the sales for personal use and benefits, despite repeated demands for payment.
According to the petition, investigations allegedly revealed that the products supplied had been sold and disposed of, while proceeds were allegedly converted for personal gains.
The complainant described the development as “a calculated attempt to dispossess foreign investors of their investment in Nigeria through fraudulent means.”
The petition also emphasized the need for Nigerian authorities to protect foreign investments and uphold the spirit of bilateral investment agreements between Nigeria and the United Arab Emirates.
Meanwhile, the petition named Mrs. Elizabeth Adun Fasuyi as a co-suspect in the matter. She was reportedly present in court alongside her husband at a point during proceedings but allegedly avoided arrest by operatives of the anti-graft agency.
Senator Cyril Fasuyi, representing Ekiti North Senatorial District, has been dragged before the Economic and Financial Crimes Commission (EFCC) over an alleged fraud involving the sum of $2,980,535.00.
The petition, submitted by Mr. Nuel Wilson, West Africa Regional Representative of Integrated Packaging Systems FZCO (IPS Ingredis) and its Nigerian subsidiary, IPS Ingredis Integrated Systems Limited, accused Senator Fasuyi and his wife, Mrs. Elizabeth Adun Fasuyi, of conspiracy, fraudulent conversion, obtaining by false pretence, stealing, and diversion of foreign investment funds.
According to the petition, which was acknowledged by the EFCC on December 10, 2020, the Dubai-based company alleged that the senator and his wife, operating under the name Legacy Foods Limited, failed to remit payment for products supplied to them after several business transactions.
The petition stated that IPS Ingredis, a company registered in Dubai, United Arab Emirates, conducts the business of sales, supply, and distribution of raw materials across different countries, including Nigeria, through its local subsidiary based in Lagos State.
The complainant explained that the business relationship between both parties began in November 2015 after the suspects were introduced to the company by one of its Chinese customers. Following several meetings, the Fasuyis allegedly represented themselves as credible business partners interested in the company’s line of products.
Based on the agreement, the company reportedly supplied various raw materials, including corn starch, maltodextrin, shortening, maltose syrup, and other products to Legacy Foods Limited through multiple purchase orders.
The petition further alleged that goods worth over $9 million were supplied to the suspects during the course of the business relationship. However, the company claimed that after selling the products, the suspects allegedly refused to pay the outstanding sum of $2,980,535.00.
“Our clients supplied goods worth over $9,000,000.00 to the suspects. The suspects, after selling all the goods, refused to pay the sum of Two Million, Nine Hundred and Eighty Thousand, Five Hundred and Thirty Five United States Dollars worth of products already supplied,” part of the petition read.
The foreign investors also accused the suspects of allegedly diverting proceeds from the sales for personal use and benefits, despite repeated demands for payment.
According to the petition, investigations allegedly revealed that the products supplied had been sold and disposed of, while proceeds were allegedly converted for personal gains.
The complainant described the development as “a calculated attempt to dispossess foreign investors of their investment in Nigeria through fraudulent means.”
The petition also emphasized the need for Nigerian authorities to protect foreign investments and uphold the spirit of bilateral investment agreements between Nigeria and the United Arab Emirates.
Meanwhile, the petition named Mrs. Elizabeth Adun Fasuyi as a co-suspect in the matter. She was reportedly present in court alongside her husband at a point during proceedings but allegedly avoided arrest by operatives of the anti-graft agency.
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