Crime & Court
Abuja High Court Quashes EFCC’s Declaration of Benedict Peters as ‘Wanted’ – Orders Removal of ‘Wanted’ Declaration from EFCC Website
A High Court sitting in the Federal Capital Territory, Abuja, Nigeria, has quashed the declaration of Executive Vice Chairman of Aiteo, Benedict Peters, as ‘wanted’ by the Economic and Financial Crimes Commission (EFCC). In a judgement given on March 22, 2017, the court stated that the anti-graft agency has no power to declare Peters or anyone ‘wanted’ without a court order.
This was in response to a suit FCT/HC/CV/23/2017 filed by Benedict Peters, accusing the EFCC of declaring him wanted on its website without following due process. As affirmed by the court, “Peters has never been charged with, nor tried for any criminal offence in any Court of law, nor has he ever jumped bail for any offence howsoever in Nigeria and cannot be declared wanted by administrative fiat, without any prior order or leave of Court.”
The judgement delivered by Justice Othman Musa further reads:
“The very act of declaring the Applicant (Benedict Peters) a WANTED PERSON on the official website of the 1st Respondent (EFCC) without any prior order or leave of a Court of competent jurisdiction to that effect is unlawful, illegal, wrongful, ultra vires, unconstitutional and constitutes a flagrant violation of the Fundamental rights of the Applicant to personal liberty, private and family life, freedom of movement and Right to not to be subjected to inhuman treatment and degrading treatment as guaranteed under Section 34, 37, 41 and 46 of the constitution of the Federal Republic of Nigeria, 1999 (As amended) and Articles 2, 3(1) & (2), 4, 5, 6, 7, and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004.”
On the 15th day of August, 2016, Peters was declared wanted by EFCC without an order of Court and in the absence of a valid charge in a Court of law. The said declaration was published in Punch newspaper, Premium Times as well as Sahara reporters and specifically on the official website of EFCC. It was also carried by top tier news platforms across the country.
EFFC claimed that Benedict Peters was summoned on several occasions before he was declared wanted. However, evidence presented in court showed that Peters was out of the country on health grounds and this was communicated to EFCC by his legal representatives. Peters requested for a rescheduling based on the aforementioned reason, however, a day before the date on which he had been required to attend armed men and police officers at the behest of EFCC, invaded his company premises ostensibly and made some arrests.
EFCC’s defence to its actions is that it acted based on a warrant of arrest issued by a magistrate court. Upon scrutinizing the contents of the document constituting the warrant, the Judge discovered that the said document was dated 5th of August, 2016, suggesting that it was made or signed by the issuing magistrate on that date. But, curiously, EFCC endorsed it as having been received on the 4th of August, 2016 at 10.32am. This inconsistency completely flawed EFCC’s defence and the judge remarked:
“I am left with no option but to conclude that the 1st Respondent (EFCC) has presented to this Court an absurd and unimaginable case of receiving a signed document a day before it was actually signed by the person who purported to have signed it. Am afraid, such a thing is not possible in our physical world. Perhaps, it is possible in the spirit world. This renders the circumstances surrounding the procurement of this document doubtful.
Since EFCC’s declaration was not within the ambit of the laws of the Federal Republic of Nigeria and did not comply with the conditions precedent to the said declaration, the court dismissed the case thus:
“An order is hereby made directing the 1st Respondent (EFCC) to remove from its website the purported declaration made against the applicant forthwith.”
This latest ruling in favour of the oil magnate follows a series of recorded victories where his earnings were declared as legitimate and several money laundering allegations levied against him were thrown out of court based on lack of evidence.
Operatives of the National Drug Law Enforcement Agency (NDLEA) have apprehended a Delhi-bound passenger, Freeman Charles Ogbonna, at the screening point of terminal 2 of the Murtala Muhammed International Airport (MMIA) Ikeja Lagos.
Ogbonna was detained for ingesting 80 wraps of cocaine.
The arrest took place on Sunday, March 31, 2024, as Ogbonna attempted to board a flight to Delhi, India via Doha on Qatar Airways.
He was in possession of a Liberian international passport under the name Carr Bismark.
According to NDLEA spokesman, Femi Babafemi, the suspect underwent a body scan which detected the presence of illicit drugs. Upon further investigation, it was discovered that Ogbonna’s real identity was Freeman Charles Ogbonna.
He was then placed under NDLEA observation, where he began to exhibit signs of discomfort.
“Obviously choked by the volume of illicit drugs in his stomach and another substance taken to hold back excretion, the suspect soon began to retch before starting to vomit and excrete wraps of cocaine he ingested almost simultaneously,” Babafemi stated.
“Over four days, Ogbonna expelled a total of 80 wraps of cocaine weighing 889 grams through his mouth and anus. Despite the grave risk to his life, Ogbonna claimed he was coerced into drug trafficking by a relative. He confessed that he was given the drugs to swallow at a hotel in the Ipodo area of Ikeja, with a promise of a cash reward of N300,000 upon successful delivery of the consignment in India”.
The NDLEA has since detained Ogbonna as investigations continue into the drug trafficking operation.
The Federal High Court in Lagos has set April 9, 2024, as the date to sentence the controversial cross-dresser and social media sensation, Idris Okuneye, popularly known as Bobrisky.
This decision came after Bobrisky pleaded guilty to a four-count charge of Naira abuse brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Abimbola Awogboro, who presided over the case, reserved the date for the sentencing.
The courtroom proceedings commenced promptly at 11:55 am, with Mr. Sulaiman Sulaiman representing the EFCC, and Mr. Ayo Olumofin appearing for the defendant.
During the session, Justice Awogboro directed Bobrisky to uncover his face, previously obscured by a black hijab, which he complied with.
The EFCC initially filed a six-count charge against Bobrisky, but the prosecutor, Sulaiman, requested the court to strike out counts five and six due to an agreement reached with the defendant.
Justice Awogboro granted the request, leaving counts one to four for consideration.
Bobrisky pleaded guilty to each of the four counts, confirming his understanding of the charges brought against him.
The EFCC prosecutor proceeded to present the case’s facts, calling an EFCC Assistant Superintendent, Mr. Bolaji Temitope, as a witness. Temitope outlined how the EFCC became aware of Bobrisky’s actions through intelligence gathering and surveillance of social media activities.
The witness testified to several instances where Bobrisky was observed spraying Naira notes during events, supported by video evidence which was admitted by the court as exhibits.
In a bench ruling, Justice Awogboro convicted Bobrisky as charged, despite his plea for mercy and assertion of ignorance of the law.
Bobrisky, expressing remorse, requested a second chance to educate his followers on the consequences of Naira abuse, citing his substantial social media influence.
His legal counsel urged the court to consider a non-custodial sentence and an option of a fine, highlighting Bobrisky’s commitment to reform.
Sentencing has been adjourned till April 9, with Bobrisky facing the possibility of six months imprisonment, a fine of N50,000, or both, in accordance with Section 21(1) of the CBN Act 2007.
The Economic and Financial Crimes Commission (EFCC) has taken legal action against Idris Olanrewaju Okuneye, widely known as Bobrisky, filing a six-count charge against the social media personality.
Bobrisky is scheduled to appear before Justice Abimbola Awogboro of the Federal High Court, Lagos, on Friday to face the charges.
The charges brought forward by EFCC Prosecutor, Senior Advocate of Nigeria Rotimi Oyedepo, and seven other lawyers, include allegations related to both the abuse of the Naira and alleged money laundering.
The first four counts specifically focus on incidents where Bobrisky is accused of tampering with sums of money while dancing at various social events. These acts are purported to have occurred at different locations including the IMAX Circle Mall in Lekki, Aja Junction in Ikorodu, White Steve Event Hall in Ikeja, and an event in Oniru, Victoria Island.
In the fifth count, Bobrisky, operating under the business name Bob Express, is alleged to have failed to submit a declaration of the company’s activities to the Special Control Unit Against Money Laundering. During the period between September 1, 2021, and April 4, 2024, a total of N127.7 million was reportedly deposited into the company’s Ecobank account.
The sixth count further accuses Bobrisky of neglecting to submit a declaration of the company’s activities during the same period, during which an additional N53 million was deposited into the company’s account. These actions are said to contravene sections of the Money Laundering (Prevention and Prohibition) Act and are punishable under the same Act.
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