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Alleged N1.4bn fraud: EFCC failed to establish any ‘prima facie case’ – Court acquits, discharges Ex-NBA President Usoro

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A Federal High Court sitting in Lagos State has acquitted and discharged the immediate past President of the Nigerian Bar Association (NBA), Mr Paul Usoro SAN.

Usoro, who had been standing trial on 10 counts of fraud and money laundering made against him by the Economic and Financial Crimes Commission (EFCC),

had pleaded not guilty to the offence and made a no-case submission.

He insisted that the EFCC had made no case against him to warrant him to enter a defence.

In his decision on the no-case submission, the trial judge, Justice Rilwan Aikawa held that the anti-graft agency failed to establish any prima facie case against Usoro.

Justice Aikawa  also noted that the penal code, under which the former NBA President was charged, is not applicable to the southern states of Lagos and Akwa-Ibom, which were said to be the locations of the alleged offences.

“On the whole, I hold that the prosecution has failed to establish any prima facie case.

“Accordingly, the defendant is hereby discharged and acquitted,” Justice Aikawa held.

The EFCC had arraigned Usoro on December 18, 2018, before Justice Muslim Hassan on 10 counts, all of which he pleaded not guilty to.

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Usoro was subsequently re-arraigned before Justice Aikawa on charges which alleged that he committed the offence on May 14, 2016.

The Ex-NBA President was alleged to have conspired to convert the sum of N1.4 billion, property of Akwa Ibom State Government, which the court says he ought to have known was part of the proceeds of an unlawful activity.

EFCC investigating officer, Abdulrahman Arabo, in his testimony before the court, said the Akwa Ibom State Governor, Udom Emmanuel, hired Usoro who, in turn, invited other SANs to join him at the Election Tribunal where his victory was being challenged in 2015.

The EFCC witness also testified that the sum of N1.4 billion legal fee paid to the SANs was drawn from the treasury of the Akwa Ibom State’s account.

But, Usoro denied the allegations.

On February 25, the former NBA President had filed a no case submission where his counsel, Effiong O. Effiong SAN submitted that the EFCC called only two witnesses and closed its case because, according to him, it knew it didn’t have any case against the defendants.

He asked the court to allow the no-case submission.

But the EFCC opposed his application and asked the court to dismiss the no-case submission, citing the “overwhelming evidence” it said it had adduced and exhibits admitted in evidence.

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It also asked the court to order the defendant to enter his defence.

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Crime & Court

Court grants EFCC interim order to freeze over 1,000  bank accounts

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Justice Emeka Nwite of the Federal High Court Abuja has granted the Economic and Financial Crimes Commission (EFCC) an interim order to freeze 1,146 bank accounts owned by individuals and companies under investigation.

The investigation revolves around alleged offences related to unauthorised dealing in forex exchange, money laundering, and terrorism financing.

The judge’s decision came as a response to a motion presented by EFCC counsel, Ekele Iheanacho, during proceedings.

Justice Nwite stated, “That an order of this honourable court is hereby made freezing the bank accounts stated in the schedule below which accounts are owned by various individuals who are currently being investigated in a case involving the offences of unauthorised dealing in foreign exchange, money laundering and terrorism financing to the extent that the investigation will be for 90 (ninety) days.”

Moreover, the preliminary investigation uncovered a connection between these accounts and individuals exploiting virtual cryptocurrency exchange platforms to manipulate the value of the naira and launder proceeds from illegal activities.

Recognising the need to safeguard the funds in question during the investigation and potential prosecution, the judge emphasised the importance of preserving the identified bank accounts.

In light of these developments, Justice Nwite adjourned the matter to July 23, 2024, for further proceedings.

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The freezing order affects a wide range of companies across various sectors, including agro-businesses, logistics and haulage, microfinance banks, and engineering, among others.

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Crime & Court

Judgment Reserved in Baba Ijesha’s Sexual Assault Appeal

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The Lagos Division of the Court of Appeal has reserved judgment in the appeal filed by Nollywood actor, Olanrewaju James, widely known as Baba Ijesha, challenging his conviction by a State High Court over the sexual assault of a minor.

 

A three-man panel of the appellate court, led by Justice Folasade Ojo, reserved the appeal for judgment today after hearing arguments from both sides.

 

Baba Ijesha, in his notice of appeal, sought to overturn the judgment of the lower court, which on July 14, 2022, sentenced him to five years imprisonment for sexual assault on a minor.

 

Justice Oluwatoyin Taiwo (rtd) of the Lagos Domestic Violence and Sexual Offences Court convicted Baba Ijesha after finding him guilty of four out of six counts brought against him by the Lagos State government.

 

The counts included indecent treatment of a child and sexual assault, among others. However, he was acquitted of sexual assault by penetration.

 

In response to the conviction, Baba Ijesha’s counsel, Kayode Olabiran, argued that the prosecution failed to prove the allegations and claimed his client was set up, citing circumstances surrounding the incident.

 

Olabiran emphasized that Baba Ijesha’s confession was made under duress and urged the appellate court to set aside the lower court’s judgment.

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On the other hand, the Director of Public Prosecution, Dr. Babajide Martins, urged the court to dismiss the appeal, asserting that the conviction was valid and supported by evidence.

 

Dr. Martins also reiterated the victim’s age at the time of the incident, emphasizing her status as a minor under the law.

 

Following the arguments presented, the Court of Appeal reserved its judgment for a later date, leaving both parties awaiting the final decision on Baba Ijesha’s appeal.

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Ex-Kogi Governor, Yahaya Bello Alleged of Withdrawing $720,000 for Child’s School Fees

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Recent developments have shed light on the ongoing investigation into the actions of the former Governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission (EFCC).

According to the anti-graft agency, Bello is alleged to have withdrawn $720,000 from the state’s accounts to prepay his child’s school fees just before leaving office on January 27, 2024.

Speaking to journalists at the EFCC headquarters in Abuja, Chief Ola Olukoyede revealed that Bello transferred the funds from the state coffers to a Bureau de Change operator for this purpose.

Olukoyede expressed incredulity at the move, highlighting the disparity between such actions and the socio-economic conditions in a state like Kogi.

“A sitting governor, because he knew he was leaving office, moved money directly from the government to Bureau de Change (and) used it to pay his child’s school fee in advance,” Olukoyede stated, emphasizing the sum involved and the implications for governance and accountability.

Olukoyede emphasized his commitment to ensuring the thorough prosecution of Bello, asserting that he would resign as EFCC chairman if the ex-governor is not brought to justice.

Also, he pledged to hold accountable those who obstructed the arrest of Bello during a recent operation at his residence in Abuja.

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The EFCC is pursuing charges against Bello relating to alleged money laundering, breach of trust, and misappropriation of funds totaling N80.2 billion.

Despite potential challenges and attacks against the agency, Olukoyede affirmed his resolve and that of his team to uphold the rule of law and combat corruption in Nigeria.

Yahaya Bello served as the governor of Kogi State from January 27, 2016, until January 27, 2024, when he handed over leadership to Usman Ododo of the All Progressives Congress (APC). Efforts by EFCC operatives to apprehend Bello on April 17, 2024, were reportedly thwarted when Ododo intervened and allegedly facilitated Bello’s escape.

In response, the EFCC declared Bello wanted and warned against any further obstruction of its operations, a stance supported by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, who urged Bello to surrender himself to the authorities.

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