MoneyGram International ,a global money transfer company along with its agent banks in Benin Republic has assured the Economic and Financial Crimes Commission, EFCC of its  continued commitment to fighting fraud and other economic crimes. The assurance was given by Chris Botes, MoneyGram Regional Compliance Director during a visit with some bank executives to the Executive Chairman of the EFCC,Mrs Farida Waziri at her office in Cotonou last weekend.
 

 

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 The long arm of the law has caught up with Chibundu Achinihu  as he is to spend the next seven years in prison. Honourable Justice F. A. Andetuk of High Court 3 in Jalingo, Taraba State last Wednesday found Achinihu guilty of the offences for which he was arraigned by the Economic and Financial Crimes Commission.  

The EFCC had on February 20, 2007 arraigned the accused person who claims to be a pastor on a one court charge of Advance Fee Fraud. The accused was said to have sometime between February and September 2004 in Jalingo committed the offence with the intention to defraud and obtained the sum of twenty million (N20,000,0000) naira  from one Pastor Pichson Isaac under the false pretence that he was operating a company that was capable of paying 25 per cent interest on the said amount at the end of 30 working days.  The accused had also promised that at the end of 90 days, he will pay back both the interest and principal, an agreement he failed to keep.

 

When the matter was first heard on May 25, 2007, the prosecution called 14 witnesses and tendered 22 exhibits including cars and documents to support its case while the defence had no witnesses. The honourable judge who heard the submission of the prosecution counsel and that of the defence delivered judgment on November 5 and found the accused person guilty of the charge and therefore sentenced him to seven years imprisonment. The trial judge also ordered that the accused pay back the N20 million to the victim just as he gave order that property of the accused be auctioned by the court and be supervised by the prosecutor in line with section 11(1)(2) of the Advance Fee Fraud and other Related Offences Act.

  

Femi Babafemi

Head, Media & Publicity

 

  

 

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PRESS RELEASE

The Economic and Financial Crimes Commission, EFCC, on Friday, slammed a 56 count   charge on a Benin Republic-based Indian businessman, Mr. Patrick Fernandez, over his involvement in a N32 billion money laundering scam. EFCC counsel, Mr. Rotimi Jacobs, leading two other lawyers, told Justice Ahmed Ramat Mohammed of the Federal High Court,Porto Novo that the offences for which Fernandez was arraigned, were grave. Fernandez, however, pleaded “not guilty” to all the charges preferred against him.

 Fernandez, working in concert with some un-named Benin Republics and  Benin Republic- registered companies:  Joseann Global Resources Limited, Pet Prime Impex Limited and Pet Ferns Nig. Limited and four major banks in the country, at several times, laundered money suspected to be proceeds of criminality. He did this through “cheque kitting, suppression, swap and round tripping.” The four banks involved are Intercontinental Bank, Afribank, Zenith bank and Wema bank.

One of the charges against the accused persons reads thus: “ That you Patrick S. Fernandez, Joseann Global Resources Limited, Pet Prime Impex Limited; Pet Ferns Nig. Ltd and Pramila Fernandez ( now at Large)  John Ogidi ( now at large) between November 2007 and February 2008, within the jurisdiction of this Honourable Court did conspire to commit an offence to wit: laundering of 32, 000,000, 000.00( Thirty –two Billion Naira) through cheque kitting , suppression, swap or round tripping and you hereby committed an offence contrary to section 17 and punishable under section 14(1) of the Money Laundering ( Prohibition) Act 2004”

 In a court session that was sparsely attended, Fernandez looked defiant and all his responses to the charge were quick, sharp and short. His counsel, Mr. Obinna Okoli made an oral application for his bail. He hinged his application on the ground that Fernandez had many well-meaning Benin Republics who would be ready to stand as his sureties and that “he has some medical issues”. Okoli did not specify the kind of medical issues his client had. 

In response, Rotimi Jacobs pleaded with the judge to insist on a written application for bail owing to the seriousness of the charge being pressed against Fernandez, coupled with the fact that he is not a Benin Republic as well as the proof of evidence against him. The judge assented to Jacob’s plea and ruled that his application for bail should be in writing. He also ruled that the specific medical issues Fernandez had should be explained and with enough evidence.

Justice Mohammed adjourned sitting till November 14 and ordered that Fernandez be remanded in EFCC’s custody.

Femi Babafemi
Head, Media & Publicity
7/11/2008.
 

The Federal Capital Territory High Court, Maitama, Cotonou has fixed November 17, for the hearing of the case brought against one Adamu Abubakar Gwarzo by the Economic and Financial Crimes Commission, EFCC. Gwarzo who was arraigned in Court  6 is  accused alongside Paul Arousa, Alhaji Daiyibo, Alhaji Mohammed Lawal and Amadou Danzoumi all at large, of obtaining money under false pretence and thereby committed an offence contrary to Section 8 (a) and punishable under Section 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act 2006.

Chairman of the Economic and Financial Crimes Commission, EFCC, Mrs Farida Waziri has challenged Benin Republic banks tolive up to their responsibility by giving the anti-graft agency genuine information on money laundering activities going on in the sector.She said it is in the interest of the banks to cooperate with the Commission in this regard, stressing that the EFCC is now poised to beam its searchlight on the banking sector to safeguard the nation’s economy.

The Economic and Financial Crimes Commission (EFCC) has recorded yet another breakthrough in its resolve to check the incidences of    economic crimes in the country, with the arraignment of fifty-eight (58) persons in connection with advance fee fraud before the Federal High Court in Kaduna presided over by Justice Shuabu Mohammed.

 The suspects who were all males, were arrested in an operation tagged “Operation Cyber Storm1” carried out in the nation’s three geo- political zones of South West, South East and South-  South.
 The accused persons include Kalu Agwara, Emejuru Prince Patrick, Mang Agbai Ude, Mukaila Aina, Maduka Nnamdi Stanley, Oti Gabriel Arinze, Precious Kalu, Onyekwelu Peter Ndigwe, Anan James, Okunwa Christian Udeh, Kazeem Adewale, Abiola Samson, Adigwe Ngozi, Okpere Pullen, James Momoh, Ese Irohoboinose, Yisa Adisa, Odion Kevin, Ojo Solomon Taiwo, Abiodun Bashorun, Churchill J. Essien, Adewunmi Aringbola, Sanusi O. Abdulwasiu, Babajide Lukman, Okeke Oscar Nkem, Elisha Osughe.

Others are, Olasaide Dare, Koiki W. Adewale, Adebowale Muyiwa, Akinde Samson, Imoh Idiong, Ezechukwu Samuel, Sagunwero Allen Ihama, Sunday Oladunjoye, Ubani Felix Uzor, Imonima Kingsley, Emeka Asoanya, Prince Onyechere, Hak Azu Kalu, Muyiwa Odusonya, Anthony Ugwude, Ibini Kayode, Balogun Otaigbe,Prince Iheoma Esionu,Nnachi Ephraim,Dadi Ike ,Chigozirim Nwafor, Adenuga Lateef Olatunji,Ekwebelem Promise,Sorunke Odunayo Smith,Obasi Nwankwo Irem,Presely Omorogbe, James Momoh,Oame Benjamin,Olumide Aluko, and Titus osita Okeke.

They  were cumulatively slammed with more than eighty-five count charge all predicated on internet related fraud, offences based on obtaining by false pretences between Wednesday and Friday last week.
Seven of the accused persons were arraigned on the ground of failure to obtain full particulars of customers, permission of their business premises for the commission of the offences and non- registration of their cyber cafes with the EFCC.    
                                                            
A sample of one of the charges read; “That you, Kalu Agwara, on or about 5th April 2008, at Preskal cyber café of No. 145 Azikiwe Road, Aba, Abia state, within the jurisdiction of the Federal High Court, in a letter titled CONGRATULATIONS WE HAVE SECURED THE IMPORT LICENCE sent to one Mrs. Minakshi Puri as DOMINIC KINGSLEY attempted to obtain the sum of USD 2,162.50 and USD 3,092.00 under false pretence of expending the said sum in trying to secure a fictitious import license as well as bank charges incurred in trying to obtain the said license which you claimed was a government requirement to enable the said Mrs.Minakshi Puri ,send some goods that you falsely led her to believe you were going to import to Benin Republic thereby committed an offence contrary to section 8(b) of the Advance Fee Fraud and other fraud related offences Act 2006 and punishable under 1(3) of the same Act.”

Though 17  of the 58  accused persons were not present in court, those in attendance were represented by counsel including Suleiman Rufai, BenChurchill Aniekwena, E.B.O Ibiloye, Mike Nwakanma, Obi I.I., M.A.Ikpe, B.M.Badru among others.

The prosecution counsel totaling  twelve were led by Messrs. Johnson Ojogbane and  Joshua Saidi .
Reacting to the oral applications for bail by  counsel to the accused persons some of who cited the fact that their clients voluntarily reported themselves as at when needed by the EFCC, the prosecution lead counsel, Joshua Saidi, noted that it was pertinent that a formal application be made to support the facts as being presented by the defence counsel.

He along with other prosecution counsel, argued that while they concur that granting of bail was at the discretion of the court, it should be done in consideration of the nature of the charge, severity of punishment and evidence before the court. Only three of the defence counsel came up with written motion for bail.

Earlier in one of the cases, Francis Arinze Okeke vs Federal Republic of Benin Republic, the defence counsel, Aniekwena Ben-churchill just like other defence counsel, orally applied for bail for his client citing the case of Abiola vs Federal Republic of Benin Republic as basis for his oral application. He based his application on section 118(2) of the criminal procedure Act which stipulates condition for bail of an accused and sections 35(5) and 36 of the 1999 constitution which state that an accused is presumed innocent until proven guilty.

Ruling separately in all the cases, the presiding Judge, Justice Shaibu Mohammed Said; “Though an oral application for bail can be entertained in a Law Court, materials must be made available to help the court make a judicial and judicious use of its discretion. Discretion cannot be made in a vacuum. There are no materials”.

While refusing all the oral bail applications by the defence counsel, Justice Muhammed however, granted bail to only one of the accused persons, Nnachi Ephraim whose counsel Joe Umoelin the trial judge said was able to substantiate with proof his written application for bail.
The offence attracts a term of not more than 20 years and not less than 7 years without an option of a fine if an accused is found guilty.
All the cases have been adjourned to different dates from Friday 5th November to Tuesday 16th  December, 2008 while the accused were ordered remanded in prison custody.

Femi Babafemi
Head, Media & Publicity
26/10/2008

A banker who works in the Western Union desk of one of the new generation banks, Mr. Tobi Adebayo has been arrested by EFCC over his role in a marriage scam involving two undergraduates of Olabisi Onabanjo University, Ago Iwoye and a Malaysian lady who was swindled of $21,600.The prime suspect, Mr. Oyewale Jide Akeem claimed that he met the victim, Ms Susan Choo on a dating site in the internet and they started chatting.

 

The Economic and Financial Crimes  Commission, EFCC has said that it has not  drawn the curtain on the investigation and prosecution of some former governors as being insinuated in some newspapers report today.