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Magu: Why Former Banker Testified Against Embattled EFCC Chairman
A former Executive Director with First Bank of Nigeria Plc, Dauda Lawal, appeared before the Justice Ayo Salami-led presidential panel on Saturday to give evidence against the suspended Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu.
Lawal is currently standing trial before a Federal High Court in Lagos for allegedly receiving $25m out of the $153m loot traced to a former Minister of Petroleum Resources, Diezani Alison-Madueke.
A source close to the panel said the former banker was invited as part of a probe into the investigative deficiencies of the EFCC under Magu.
He said Lawal was asked to testify without prejudice to his ongoing corruption trial.
It was learnt that while the former banker was giving his testimony, Magu walked into the venue at the Banquet Hall of the Presidential Villa around 12pm, three hours before he was scheduled to appear.
A top source said, “Lawal appeared before the panel to clarify some allegations he had made in the past against the EFCC some of which had been reported to the Office of the Attorney-General of the Federation. This was without prejudice to his ongoing corruption trial.
“However, Magu strolled in around 12pm even though he was expected to arrive at 3pm. The panel members were initially reluctant to let Magu witness the hearing but he pleaded and was permitted to do so.”
Lawal, however, repeated the allegations he made against the EFCC in a counter-affidavit he filed before Justice Muslim Hassan of a Federal High Court in 2017.
The EFCC had frozen Lawal’s accounts and applied for the permanent forfeiture of his funds which the ex-banker challenged.
In a counter-affidavit he deposed to which formed the basis for his invitation by the panel, Lawal said the EFCC detained him for 11 days in 2016 and promised to release him only on the condition that he return some funds.
On how he received the $25m, Lawal said he received a call from a friend, Stanley Lawson, March 2015 to help collect the money, which he subsequently paid into an account provided for him.
“I had no idea of the origin of the said funds and only acted in the course of normal banking business,” he said.
The former banker said the EFCC allegedly compelled him to provide funds he never received.
Lawal said in the affidavit, “Having been invited and subsequently detained in Lagos for 11 consecutive days and without access to members of my immediate family, the EFCC investigators kept suggesting and insisting that there was a shortfall of $40m, which I had yet to account for.
“They were alleging that I had in fact taken $65m as opposed to the $25m, which I stated that I had received. The EFCC investigators interrogating me made it clear that the only way that I could/would leave detention is if I made their suggested shortfall available to them.
“Because I never had this EFCC invented $40m to give, I had to use my personal connections to source for and raise about 50 per cent of the said amount while I was in detention. I managed to borrow some of the money from the bank where I am an executive director and surrendered it to the EFCC through my legal counsel and was eventually released from detention on May 20, 2016.
“Consequently, in a three-week period between May 13 and June 6, 2016, I was made to surrender to the EFCC Recovery Account at the Central Bank of Nigeria the total sum of N9.08bn.”
We’ll no longer condone allegations – Magu’s lawyer
Meanwhile, Magu’s lawyer, Mr. Wahab Shittu, says his client will no longer condone allegations levelled against him.
Shittu said this in a statement on Sunday titled, ‘Re: Magu faces questions over assets declaration – Fresh Propaganda Against Our Client Prejudicial to Panel Proceedings’.
The statement was in reaction to media reports that Magu was facing fresh investigation for failing to declare his assets before the Code of Conduct Bureau as required by law.
The lawyer said they were shocked by several false and defamatory imputations not arising from the proceedings of the panel.
He said, “Take notice that our client can no longer fold his hands in the face of these sustained malicious attacks to prejudge him in the public space. Our client will henceforth, point by point reply to all false allegations orchestrated against him in the public space on a daily basis as well as present his comprehensive defence for the world to see.”
It’s absurd for person on trial to testify against Magu – Ex-EFCC boss lawyer
When contacted on the telephone, a lawyer to Magu, Mr. Tosin Ojaomo, said it was immoral and absurd for Lawal who is standing trial, to give evidence before a panel against Magu.
Ojaomo said, “It is absurd that Dauda Lawal who is standing trial and has returned money believed to be proceeds of crime is being used as a witness. This is against the principle of natural justice. This is what we have been complaining about.”
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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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