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£2.6bn Fraud: FG Seeks Dismissal Of Petrounion Directors No Case Motion
The Federal Government on Monday urged Justice Mohammed Liman of the Federal High Court in Lagos to dismiss the No-Case-Submission application filed by the four Directors of an oil firm, Petro Union Oil and Gas Limited, currently standing trial for alleged £2.6bn fraud.
FG’s lawyer, Rotimi Jacobs (SAN), pleaded while arguing his written address in opposition to the Petrounion Directors’ motion.
All the defendants in the case are contending through their lawyers that none of the thirteen witnesses called by the prosecution established any case of fraud against them.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Petro Union Oil and Gas Limited, a consultant to the company and three of its directors before the court on a 13-count charge of conspiracy, obtaining money by false pretence, attempt to steal and forgery.
The Consultant is Abayomi Kukoyi (Trading under the name and style of Gladstone Kukoyi & Associates), while the company’s directors on trial are Prince Kingsley Okpala, Prince Chidi Okpalaeze and Prince Emmanuel Okpalaeze.
They all pleaded not guilty to the charge.
In his opposition to the application, Jacobs maintained that the prosecution had, through its witnesses, established the case of fraud against the defendants.
He argued that all investigations by Union Bank, Central Bank, Bankers’ Committee and the EFCC confirmed that the defendants were engaged in a clear fraud case.
The lawyers stated, “We have proved the ingredients of those offences beyond any shadow of a doubt.
“The defendants knew the truth but are insisting that the Federal Government should pay them £2.1 billion. It is our common inheritance that they want to take away. This is a clear case of fraud, and no person with heaven in mind should pursue this case.
“The judgement against the Federal Government is now up to £30 billion with interest from 1994. We investigated the issuance of this cheque with our overseas partners, and it was revealed that the late Chief Okpala wrote the document. He was the one who gave the various payment instructions to the third party and not any foreign investor.
“The account upon which the cheque was drawn has been closed since 1989, whereas the cheque was issued in 1994”, Jacobs said.
In conclusion, he maintained that a prima-face case had been established against the defendants and, as such, the court should dismiss their no-case motion and order them to open their defence.
While moving the No-Case-Submission application on behalf of his clients, Chief JK Gazama (SAN) urged the court to dismiss the charge because the prosecution has failed to establish a prima-face case against them.
Gazama stated that the 13 witnesses produced by the EFCC were discredited under cross-examination and that they could not present any evidence or link the defendant to the offences.
He further argued that the third to fifth defendants were minors when the purported offences were allegedly committed and that they were not company directors.
He maintained that they could not, therefore, be held liable for the alleged offences because the prosecution failed to demonstrate to the court the role they played in committing the crimes.
The senior lawyer also told the court that the failure of the prosecution to call officials of Barclays Bank is fatal to their case because they are the complainants in the matter.
Gazama insisted that a criminal case must be proven beyond reasonable doubt and that it would amount to a miscarriage of justice if the court ordered the defendants to open their case.
The counsel to the second defendant, Bashir Ramoni, also argued that the anti-graft agency failed to discharge its duty of proving its case against his client.
He contended that the second defendant was a Chartered Accountant who only rendered his professional services to the first defendant (Petro Union), and his actions can not be criminalised.
Ramoni also stated that since the court cannot criminalise his professional services, it must hold that the second defendant has no case to answer, and he should be discharged and acquitted.
Justice Liman has fixed January 30, 2024 to deliver his ruling on the application.
News
I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court
A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.
The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.
Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.
According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.
He said he subsequently took the money to the office of the then Director-General.
“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.
The witness explained that he collected the bag from his aide before entering the office.
“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”
The witness was initially a defendant in the case but later opted to testify for the prosecution.
While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.
According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.
He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.
“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.
During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.
When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”
After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.
The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.
Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.
They pleaded not guilty to the offences.
The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.
According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.
Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.
The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.
One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.
News
CBN Bars Chronic Loan Defaulters from Accessing New Banking Services
The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).
This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.
This order is specifically targeted at large-ticket obligors.
The CBN issued the directive in a circular to banks on Monday.
The latest instruction comes almost a week after the CBN asked financial institutions to stress test.
It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.
“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.
“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.
“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”
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Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju
Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.
Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.
He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.
“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.
“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?
“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.
“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.
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