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Despite returning N6.39bn, ex-accountant-general, Otunla to face trial for fraud

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The court of appeal in Abuja has set aside a judgment which barred the Economic and Financial Crimes Commission (EFCC) from prosecuting Jonah Otunla, a former accountant-general of the federation.

In a judgment delivered on Monday, a three-member panel of the court of appeal held that Otunla failed to show documented evidence of a non-prosecution agreement between him and the EFCC.

Danlami Senchi, who read the judgment, held that an agreement by mere words cannot be established.

“In the instant case, there is no evidence to support the pleading of the respondent (Otunla) that he will not be prosecuted and that criminal or civil proceedings should not be instituted or initiated against him,” the judge held.

“There is no plea bargain or anything documentary evidence relating to the presidential panel for the recovery of funds.

“On the whole, the appeal is meritorious and it is allowed. The judgment of the federal high court, in suit number: FHC/ABJ/CS/2321/2021 delivered on the 16th day of July, 2021, delivered by honourable justice I.E. Ekwo is hereby set aside.”

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The former AGF had claimed that there was an existing verbal agreement between him and Ibrahim Magu, former acting chair of the EFCC, that he would not be prosecuted if he refunded illicit funds linked to him.

Otunla was being investigated in relation to two cases — the alleged diversion of about N24 billion meant for disengaged staff of the defunct Power Holding Company of Nigeria (PHCN) and N2 billion allegedly received from the office of the national security adviser (ONSA).

Otunla had, in an affidavit, claimed that he met with Ibrahim Magu, former chair of the EFCC, in 2015 when he was being investigated, and that the then-acting EFCC chair told him in person to “refund the monies linked to your companies and nobody will prosecute you”.

He said based on Magu’s promise, he had a reconciliatory meeting with the team of investigators, where he immediately undertook to make available some funds as refund.

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Otunla said in line with the agreement, one of the companies linked to him – Stellar Vera Development Ltd – refunded N750 million; another company – Damaris Mode Coolture Ltd – refunded N550 million, while the two firms later made additional joint refund of N2,150,000,000.

He added that, at a point, he raised several managers’ cheques for N10 million in favour of the EFCC, which he handed to its economic governance section.

Otunla said, in all, he made a refund of N6,392,000,000 to the federation account through the EFCC.

In the 2021 judgment, Inyang Ekwo, federal high court judge, held that in view of the agreement between Magu and Otunla, the EFCC could no longer prosecute the former accountant-general for alleged offences committed while he was in office between 2011 and 2015.

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Gas explosion rocks Lagos community

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One yet-to-be-identified pregnant woman and eight others have sustained varying degrees of injuries following a gas explosion that occurred at Alaba Lane, Alayabiagba Community, in the Ajegunle-Apapa area of Lagos State.

 

It was gathered that the incident occurred on Tuesday at about 12:39 p.m.

 

Confirming the incident, the Head, Public Education, Lagos State Fire and Rescue Service, Amodu Shakiru, stated that preliminary inquiry revealed that a number of different gas cylinders that were traded in the area had one that was set off by a possible leak that broke a high-tension cable and started a fire.

 

He added that the fire destroyed four commercial tricycles, six lock-up stores, and a portion of a bungalow building.

“Preliminary investigation revealed that a number of various gas cylinders traded within the neighborhood have one triggered by a suspectable leakage leading to the snapping of a high-tension cable and resultant fire.

 

“Four commercial tricycles, six lock-up shops, and a bungalow part of the properties were razed down while salvaging adjoining structures, including a major fuel service station.

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He stated that the Federal Fire Service, the Lagos State Fire and Rescue Service, and the fire stations in Ajegunle and Sari-Iganmu quickly contained the incident.

 

Shakiru noted that the pregnant woman and the other victims are currently receiving treatment at the Gbagada Burn & Trauma Center and Ajeromi General Hospital following initial care provided by the Lagos State Ambulance Service.

 

“However, nine people reportedly suffered different degrees of burn injury, including a pregnant woman, children, and adults, male and female, who are recuperating at the Ajeromi General Hospital and Gbagada Burnt & Trauma Centre after some first aid by the Lagos State Ambulance Service.

 

“The incident was curtailed in record time through the combined efforts of the Ajegunle and Sari-Iganmu Fire Stations of the LSFRS with the compliment of the Federal Fire Service.”

 

 

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Emefiele collected $600k kickback in cash from contractors, former CBN director tells court

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John Ikechukwu Ayoh, a former director at the Central Bank of Nigeria (CBN), has testified against Godwin Emefiele, ex-governor of the apex bank, in the ongoing case of abuse of office at the Lagos high court.

 

Emefiele and his co-defendant, Henry Omoile, are currently facing trial on a 26-count charge.

 

The former CBN governor and Omoile pleaded not guilty to all the charges.

 

At the court proceedings on Monday, the Economic and Financial Crimes Commission (EFCC) presented Ayoh as the second witness in the case against Emefiele.

 

Ayoh told the court that he worked at the apex bank from June 2014 to April 2019 noting that he did not work directly under Emefiele.

 

Ayoh added that he used to report to Adebayo Adelabu, a former deputy governor of CBN, who is now the minister of power.

 

The witness said he was the head of procurement and support services (PSS) of the apex bank, which was vested with powers to receive bids and select successful bidders.

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The former CBN director said he collected money from contractors as gratification of awarding contracts to them based on the instruction from Emefiele.

 

The witness said Emefiele usually sends his personal assistant (PA) — John Adetona — to collect the contractors’ kickback from him.

 

Ayoh said he collected $400,000 and $200,000 in cash from contractors on two different occasions and handed them over to Emefiele’s PA.

 

“The first transaction was $400,000 and the second one was $200,000 in cash. I was in my house when the first envelope was brought to me. His assistant was asked to collect the money,” he told the court.

“One of the vendors had a contract with CBN which involved the implementation of data storage and infrastructure.

 

“The first package was collected in my residence at Lekki phase one, while the second package was collected at the head office in Lagos.”

 

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During cross-examination by Olalekan Ojo, counsel to Emefiele, Ayoh said he was under duress from the former CBN to accept gratifications on his behalf.

 

“No, I was under duress from my boss (referring to Emefiele). We were faced with tremendous pressure to bend the rule,” the witness said when asked about aiding the commission of a crime by collecting the money.

 

Asked if he indicated in his statement with the EFCC that the money was meant to influence the award of contracts, the witness said some parts of his statement implied that.

 

“Who told you that it (the money) is for gratification,” Emefiele’s counsel asked.

“The cash is for gratification to the governor for awarding the contracts. He (Emefiele) asked for it. He won’t approve the contract without gratification,” the witness said.

 

On whether he was arrested by the EFCC, the witness said the anti-graft agency invited him and was granted bail afterwards.

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Emefiele’s counsel told the court that the witness must have traded being charged by the EFCC to become a witness against the former CBN boss.

 

INTERIM BAIL

After the cross-examination of the witness, Emefiele’s counsel sought a fresh interim bail for the former CBN governor, pending the fulfilment of the bail conditions earlier stipulated by the court.

 

Ojo told the court that the initial interim bail granted to Emefiele ended today (Monday), adding that the defence team has not been able to meet the bail conditions.

 

He urged the court to grant Emefiele another interim bail that would end on May 17.

 

Rahman Oshodi, the presiding judge, granted the request and ordered that Ojo swear to an affidavit to provide Emefiele in the next adjourned date.

 

Oshodi adjourned to May 3, 9, and 17 for the continuation of the trial.

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Dark Sunday: 19 people burnt to death in Okene-Lokoja highway auto crash

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Nineteen people were, on Sunday, burnt to death in an auto crash along the Okene-Lokoja highway in Kogi state.

 

In a statement by Jonas Agwu, its public education officer, the Federal Road Safety Corps (FRSC) said the accident involved a Dangote truck with registration details NSH680YJ and a Toyota Hiace bus with registration number KMC455ZE.

 

According to the FRSC, both vehicles suffered a head-on collision after a route violation by the truck, resulting in an inferno.

 

The agency said out of the all-male 22 passengers involved in the accident, three were rescued.

 

“The TYT bus loaded from Kano was on its lane on the highway when the Dangote Truck driver who drove all the way from Port Harcourt wrongfully overtook a vehicle & collided head-on with the bus. The impact of the collision resulted in an inferno that burnt the victims to death,” the statement reads.

 

“Unfortunately, 19 people out of the 22 victims were killed and 1 injured. The remaining 2 victims who got rescued by FRSC operatives without injuries survived the crash because they complied with traffic regulations on compulsory use of seatbelt.

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“The corpses of the dead victims whose lives were claimed by the crash have been deposited at Okene General Hospital.”

 

Dauda Biu, the FRSC corps marshal, said the agency will continue its ongoing prosecution of drivers “who by their actions cause road traffic crashes in Nigeria”.

 

Biu further called on the judiciary and leadership of transport unions and other relevant stakeholders in the road transportation sector to join hands with the corps to ensure speedy and effective prosecution of offenders.

 

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