Tompolo’s Associates Seek To Quash N47.6b Fraud Charge

Some associates of wanted Niger Delta militant Chief Government Ekpemupolo (alias Tompolo) have asked the Federal High Court in Lagos to quash a N47.8 billion fraud charge brought against them by the Economic and Financial Crimes Commission (EFCC).

Tompolo and others were arraigned in absentia on April 18 on 22 counts of conspiracy, stealing, advance fee fraud and money laundering.

He was charged along with a former Nigerian Maritime Administration and Safety Agency (NIMASA’s) Director-General Dr. Patrick Akpobolokemi, who pleaded not guilty.

Others are Kime Engozu, Josephine Otuaga, Rita Uruakpa, Mieka Dive Training Institute Ltd/GTE, Oyeinteke Global Network Limited, Wabod Global Resources Ltd, Boloboere Properties Estate Ltd, Gokaid Marine Oil and Gas Ltd, Muhaabix Global Services Ltd and Watershed Associated Resources.

Also named in the charge are Akpobolokemi’s four brothers – Victor, Nobert, Emmanuel and Clement – said to be at large. They were said to have aided the suspects to commit the fraud.

The trial was stalled due to the absence of prosecution counsel Mr. Festus Keyamo, who wrote to inform the court that a principal prosecution witness would not be available.

One of the defence counsel, Mr. Oyesoji Oyeleke (SAN), said he filed a preliminary objection challenging the competence of the charge.

He argued that since the prosecution failed to depose to an affidavit stating that it had concluded its investigation, the court should strike out the charge.

Another defence counsel, Mr. Sylvester Ekweme, representing one of Akpobolokemi’s brothers, Clement, said his client had been in detention since April, adding that his bail application was still pending.

EFCC alleged that the defendants conspired among themselves to defraud the Federal Government of the sum between December 2, 2014 and last April 10.

The EFCC claimed that the accused persons “falsely pretend to the Federal Government that a parcel of land and its appurtenances situated at Mieka Dive Training Institute, Kurutie, Warri South-West Local Government Area of Delta State had been acquired by NIMASA for the temporary campus of the Nigerian Maritime University, Okerenkoko.”

The alleged offence violates Section 1 (b) of the Advance Fee Fraud and other fraud related Offences Act, 2006 and were liable to punishment under Section 1(3) of the same Act.

The defendants were also accused of swindling the Federal Government to the tune of N11.940 billion, by presenting a forged Certificate of Customary Right of Occupancy of Bendel State of Nigeria dated May 6, 2014 to NIMASA on the false claim that the forged document was genuine and issued by Warri South-West Local Council, Delta State.

Some staff members of Global West Vessel Specialist Limited stormed the court yesterday to protest the alleged non-payment of their salaries for 15 months.

The company was charged along with Tompolo, Akpobolokemi and others in a separate case.

EFCC, in the 40-count charge, also before Justice Ibrahim Buba, said the suspects allegedly diverted N34 billion for personal use.

It alleged the money accrued from the public private partnership agreement between NIMASA and Global West Vessel Specialist, said to be owned by Tompolo.

The workers said due to the freezing of the company’s accounts, their salaries had not been paid for the past 15 months.

They bore placards, which read: “Global West is not owned by Tompolo”, “We are suffering, some of our colleagues have died in the process”, “Global West Vessel Specialist Limited workers need our 15 months salaries” and “Mr. President save our soul; we are in support of your government, we are not militants”.

Justice Ibrahim Buba adjourned the first case till November 10 for hearing of pending applications.

He fixed trial for December 13 and 14.

Credit:

Tompolo’s associates seek to quash N47.6b fraud charge

Saraki Loses Again As Code Of Conduct Tribunal Refuses To Quash Corruption Charges

The Code of Conduct Tribunal has dismissed an application by the senate president, Bukola Saraki, for false asset declaration charges against him to be dropped.

Mr. Saraki’s lawyer, Kanu Agabi, had argued that the 13-count charge was invalid procedurally because the Code of Conduct Bureau which filed the charges, failed to allow Mr. Saraki explain discrepancies in his assets declaration forms as required by law.

But in his ruling Thursday, the chairman of the tribunal, Danladi Umar, said there was no breach of law as the Code of Conduct Bureau and Tribunal Act, 1989, still allows the senate president raise his clarifications at the level of the tribunal.

Mr. Danladi said by law, the CCB could receive complaints of breach of the Act and refer such complaints to the Tribunal, provided that it will allow the person involved to give a statement affirming or denying the said misconduct.

Also, upholding the argument made by the prosecution, Mr. Umar said Section 3 (e) of the 3rd schedule of the 1999 Constitution gives the bureau the right to receive complaints of such nature and where necessary refer such matter to the tribunal.

According to Mr. Danladi, Section 174 of the Constitution also gives the Attorney General of the Federation the prerogative to file criminal proceedings and does not owe any explanations to any one on how to go about it.

He therefore ordered the continuation of the trial.

Mr. Saraki had earlier lost his bid to stop the trial after the Supreme Court dismissed his initial objections.

Credit: PremiumTimes

Court Refuses Dasuki’s Request To Quash Charges

Court refuses application by Colonel Sambo Dasuki (rtd) seeking to quash the charges against him by the Economic and Financial Crimes Commission (EFCC) for disobeying a court order granting him bail.

The trail judge, Justice Peter Affem, held that contrary to the application by Colonel Dasuki, it was the Department of State Services (DSS), which was not a party in the suit that arrested Colonel Dasuki and not the EFCC.

He agreed with the anti-graft agency that it had not flouted any part of the orders releasing the former National Security Adviser (NSA) on bail.

Justice Affem also held that even though the EFCC and the DSS were Agencies of the Federal Government, the action of one agency could not count for that of the other.

“They were set up under separate laws and have separate responsibilities in ensuring law and order in the country,” he stressed.

“To this end, the application fails in its entity.”

The Judge also rejected the prayer by the former NSA to in the alternative “stay proceedings in the trial, pending when the Department of State Services complies with the order of the court which released him on bail, on the grounds that stay of proceedings are ordered only as a matter of law and not procedures”.

Credit: ChannelsTv

MTN Asks Court To Quash $3.9bn Fine

South African telecoms giant, MTN, has filed a suit at the Federal High Court in Lagos to challenge the $3.9 billion fine imposed on it by the Nigeria Communications Commission (NCC), urging the court to quash the fine.

last October slammed the telecoms firm with a fine of $5.2 billion for failing to disconnect unregistered subscribers. The initial fine was later reduced by 25 per cent to $3.9 billion earlier this month, with a payment deadline set for December 31.

But MTN through its team of lawyers – Chief Wole Olanipekun (SAN), Mr. Tanimola Molajo (SAN), Mr. A.B. Mahmoud (SAN), Dr. Gbolahan Elias (SAN), Mr. Oladipo Okpeseyi (SAN), Prof. Fabian Ajogwu (SAN) and Dr. Oladapo Olanipekun (SAN) – is challenging the powers of NCC to impose such a fine on it.

The telecoms company is arguing that on the basis that NCC, being a regulator, cannot assume all the functions of the state on its own, considering the fact that they made the regulation, prescribed the penalty and imposed the fine payable to the commission and not the federal government.

The firm is also contending that it was not afforded its constitutional right of fair hearing before a court of competent jurisdiction and more importantly, it had not been found guilty of any offence that will warrant it to pay such an outrageous fine.

It is of the view that the sanction imposed on it by NCC was applied within 24 hours of its written submission on the disconnection exercise and the impractical nature of the NCC deadline.

Stating that the deadline of seven days to disconnect 5.2 million subscribers was grossly inadequate and impracticable, the telecoms company said the deadline to disconnect 5.2 million subscribers was unfair and ran contrary to the requirement to give adequate notice to the subscribers and all operators.

Credit: Thisday