Connect with us

News

Court okays EFCC ’s power to freeze suspicious accounts

Published

on

The Court of Appeal in Abuja has affirmed the power of the Economic and Financial Crimes Commission ( EFCC ) has the power to freeze suspicious accounts.

The court said the anti-graft agency can direct banks to suspend operation of accounts suspected to have been used for criminal activities, or any account of into which slush funds and proceeds of crime have been deposited.

The court, however, said such a directive by the EFCC to banks must be followed by an order of a court for interim freezing, which it must obtain from a competent court, to enable it conduct investigation to ascertain the origin of the funds.

The appellate court said these in a unanimous judgment by its three-man panel on an appeal by Messrs A. R. Security Solutions Limited, which challenged the refusal by a Federal High Court in Abuja to vacate an interim freezing order earlier granted against it.

Justice Binta Nyako of the Federal High Court, Abuja had on January 25, 2016, granted an ex-parte application by the EFCC for, among others, an interim freezing order on A. R. Security accounts with Heritage Bank.

R Security applied to the court to have the order set aside, a request Justice Nyako, in a ruling on April 22, 2016, refused, prompting the company to approach the appellate court.

Justice Mohammed Mustapha, who prepared the lead judgment of the appellate court, resolved the sole issue raised for determination against the appellant.

ALSO READ  EFCC Arraigns ‘Mama Boko Haram’, Two Others For N150m Fraud

The issue was whether the trial court was right to have held that the EFCC could obtain an order of court to temporarily freeze the appellant’s account, once the account is the subject of investigation.

Justice Mustapha said while the EFCC was empowered, under sections 28 and 29 of its establishment Act to trace, attach and apply for interim freezing order on such suspicious accounts, the court, under Section 44(2)(k) of the Constitution, was empowered to grant such interim injunction.

He said: “The respondent ( EFCC ) clearly bears the burden of establishing that there is a prima facie evidence that the property in issue is liable to be forfeited on account of its being proceed of crime.

“That burden is discharged once there is an arrest for an offence under the Act ( EFCC Act), and the respondent traces the assets and attaches the property of the accused person acquired as a result of economic and financial crimes. That done, the respondent is entitled to an interim attachment order by the court.”

Justice Mustapha agreed with the appellant that the EFCC must show that the origin of the suspicious funds is illegal.

He added: “If bank accounts have to be investigated with any degree of success for the purpose of tracing criminality in transactions, how else can that be done without exercising some degree of control over the account?

“It stands to logic and common sense that any serious investigation of criminality in a bank account has to first and foremost start with taking control of the bank account or at least putting restraints on the account; anything short of that will be quixotic, because funds in the account investigated will simply take a flight. That is the logic behind sections 28 and 29 of the Act.

ALSO READ  Businessman' Excretes 93 Heroin Wraps at Abuja Airport, Bound for Paris

“Prima facie proof starts, for the purpose of the Act, with arrest of the accused person for financial and economic crimes, which now denotes, at this stage, that the monies in the account are likely proceeds of crimes, and therefore, liable to forfeiture, thus necessitating the grant of the interim order.

“It is for these reasons that the money in the accounts is fair game, because that attachment and proper investigation of such accounts will assist the respondent (EFCC) in prosecuting the accused successfully or consequently lead to the discharge of the order, depending on how the investigation goes.

“The need for credible evidence, showing the money to be proceeds of crime, underscores the necessity for the respondent’s mandate to ‘immediately trace and attach’ the property.”

He added that the grant of the interim order by the court was to enable the EFCC conduct a holistic investigation on the account to enable it establish whether or not the origin of the funds in the affected account was illegal.

“It has to be pointed out that ultimately, it is for the same reason that the grant of interim order becomes necessary, as it explains the necessity for the respondent to have, not only access, but control of the account, by having it frozen, anything else might end up being pyrrhic for the respondent,” Justice Mustapha said.

ALSO READ  Exclusive: As Ajimobi bows out, Ibarapa Poly Governing Council landed in EFCC net

Other members of the panel – Justices Abubakar Datti Yahaya and Tani Yusuf Hassan – agreed with the lead judgment a copy of which was seen by The Nation.

Comments

News

Kogi Assembly Urges EFCC to Remove ‘Wanted’ Tag on Ex- Gov. Yahaya Bello

Published

on

By

In a recent session of the Kogi State House of Assembly, members passed a resolution urging the Economic and Financial Crimes Commission (EFCC) to remove the ‘wanted’ tag placed on the immediate past Governor of the state, Yahaya Bello.

The resolution was reached during plenary on Tuesday, following a presentation by Jibrin Abu, the representative of Ajaokuta State Constituency.

Abu brought forth a motion titled, ‘A call to end all false, frivolous, fictitious, and far from the truth smear campaign against the former Governor of Kogi State, Alhaji Yahaya Bello.’

Abu alleged that the anti-graft agency had been engaging in a witch-hunt against Bello, stating, “Kogi State, by allocation standard, is not rich so much so that N80.4b will be missing that the State will not be shaken to its foundation. This claim by the EFCC should be sanctioned and taken as laughable. Innocent Nigerians and Kogi State citizens that bought into the lies should by their personal volition withdraw their support.”

Former Deputy Speaker of the House, Enema Paul, echoed Abu’s sentiments, urging the EFCC to uphold the rule of law.

In his ruling, Speaker Aliyu Yusuf emphasized the importance of the EFCC operating within the boundaries of the law.

ALSO READ  EFCC Arraigns ‘Mama Boko Haram’, Two Others For N150m Fraud

He stated, “This House is not against the EFCC doing their job but they should do it within the ambit of the law and not in a Gestapo way. The country belongs to all of us, so we must respect the law and work with it.”

 

Continue Reading

News

‘Catch And Kill’ Architect Details Trump-Boosting Scheme

Published

on

By

TOPSHOT – Former US President Donald Trump, with attorney Todd Blanche (L), walks toward the press to speak after attending his trial for allegedly covering up hush money payments linked to extramarital affairs, at Manhattan Criminal Court in New York City on April 23, 2024. (Photo by Yuki Iwamura / POOL / AFP)

In the 1990s, Donald Trump famously gossiped to the tabloids about — who else — himself, a headline-chaser who loved none other than to see his name in lights, or at least in the supermarket checkout line.

 

But those were Trump’s good old days, an era of clubs and models, long before he launched a bid for the US presidency and found himself needing to squash the lewd, party boy stories he once boasted about.

 

Cue David Pecker, the former publishing executive whose titles included the National Enquirer, and who on Tuesday in a Manhattan courtroom laid out the “catch and kill” strategy he carried out in a bid to support Trump’s 2016 presidential campaign.

 

In a then-secret meeting in August 2015, Trump and his former personal lawyer Michael Cohen met with Pecker to ask how he and his publications could “help the campaign,” the 72-year-old witness testified

Trump “dated the most beautiful women,” Pecker explained, “and it was clear that, based on my past experience, that when someone is running for a public office like this, it is very common for these women to call up a magazine like the National Enquirer to try to sell their stories.”

ALSO READ  Businessman' Excretes 93 Heroin Wraps at Abuja Airport, Bound for Paris

‘Fake news’ sells

Speaking under oath, Pecker, who sported a pink tie and slicked back hair, essentially confessed to trafficking so-called “fake news” to both his and Trump’s benefit, while simultaneously paying off several people whose tales had the potential to damage candidate Trump’s reputation.

He said “popular stories about Mr. Trump” as well as “negative stories about his opponents” would “only increase newsstand sales.”

“Publishing these types of stories was also going to benefit his campaign,” Pecker said. “Both parties benefited from it.”

Pecker offered a portal into the editorial practices of outlets like his own, which had no shame in paying for stories and focused far more on the cover than the content.

“We would do a lot of research to determine what… the proper cover of the magazine would be,” Pecker said.

“Every time we did this, Mr. Trump would be the top celebrity,” Pecker said, describing the magnate’s pre-politician days and pointing to his star turn as the top guy on his own reality show “The Apprentice,” and its celebrity-starring sequel.

In recalling Trump’s first campaign era, the prosecution presented bombastic headlines disparaging the Republican’s opponents, such as “Bungling surgeon Ben Carson left sponge in patient’s brain” and “Ted Cruz shamed by porn star.”

ALSO READ  Wife finally opens up on Olu Jacobs’ health

Pecker said such ideas often came from or were shaped by Cohen, Trump’s then-fixer who is expected to be a star witness in the New York state trial.

But Pecker also said he wanted to keep his “agreement among friends” with Trump and Cohen “as quiet as possible.”

Among the times he said he killed a story regarding Donald Trump, it centered on a Trump Tower doorman who was peddling a false claim that Trump had fathered a child out of wedlock with one of his former employees.

Pecker said he thought it was important to buy the story and keep it quiet for Trump’s benefit — as well as his own.

He said had the story been true, he planned to publish it “after the election.”

“If the story was true, and I published it, it would be probably the biggest sale of the National Enquirer since the death of Elvis Presley.”

 

Continue Reading

News

In 2023, Report Finds 282 Million Faced Acute Hunger

Published

on

By

Pedestrians and vehicles move along a road outside a branch of the Central Bank of Sudan in the country’s eastern city of Gedaref on July 9, 2023. (Photo by – / AFP)

Food insecurity worsened around the world in 2023, with some 282 million people suffering from acute hunger due to conflicts, particularly in Gaza and Sudan, UN agencies and development groups said Wednesday.

Extreme weather events and economic shocks also added to the number of those facing acute food insecurity, which grew by 24 million people compared with 2022, according to the latest global report on food crises from the Food Security Information Network (FSIN).

The report, which called the global outlook “bleak” for this year, is produced for an international alliance bringing together UN agencies, the European Union and governmental and non-governmental bodies.

2023 was the fifth consecutive year of rises in the number of people suffering acute food insecurity — defined as when populations face food deprivation that threatens lives or livelihoods, regardless of the causes or length of time.

Much of last year’s increase was due to report’s expanded geographic coverage, as well as deteriorating conditions in 12 countries.

More geographical areas experienced “new or intensified shocks” while there was a “marked deterioration in key food crisis contexts such as Sudan and the Gaza Strip”, Fleur Wouterse, deputy director of the emergencies office within the UN’s Food and Agricultural Organization (FAO), told AFP.

ALSO READ  Seven Afghan civilians die in chaos near Kabul airport –  UK

Some 700,000 people, including 600,000 in Gaza, were on the brink of starvation last year, a figure that has since climbed yet higher to 1.1 million in the war-ridden Palestinian territory.

 Children starving

Since the first report by the Global Food Crisis Network covering 2016, the number of food-insecure people has risen from 108 million to 282 million, Wouterse said.

Meanwhile, the share of the population affected within the areas concerned has doubled 11 percent to 22 percent, she added.

Protracted major food crises are ongoing in Afghanistan, the Democratic Republic of Congo, Ethiopia, Nigeria, Syria and Yemen.

“In a world of plenty, children are starving to death,” wrote UN Secretary-General Antonio Guterres in the report’s foreword.

“War, climate chaos and a cost-of-living crisis — combined with inadequate action — mean that almost 300 million people faced acute food crisis in 2023.”

“Funding is not keeping pace with need,” he added.

This is especially true as the costs of distributing aid have risen.

For 2024, progress will depend on the end of hostilities, said Wouterse, who stressed that aid could “rapidly” alleviate the crisis in Gaza or Sudan, for example, once humanitarian access to the areas is possible.

Floods and droughts

Worsening conditions in Haiti were due to political instability and reduced agricultural production, “where in the breadbasket of the Artibonite Valley, armed groups have seized agricultural land and stolen crops”, Wouterse said.

ALSO READ  N65m recovered by EFCC from INEC office in Zamfara

The El Nino weather phenomenon could also lead to severe drought in West and Southern Africa, she added.

According to the report, situations of conflict or insecurity have become the main cause of acute hunger in 20 countries or territories, where 135 million people have suffered.

Extreme climatic events such as floods or droughts were the main cause of acute food insecurity for 72 million people in 18 countries, while economic shocks pushed 75 million people into this situation in 21 countries.

“Decreasing global food prices did not transmit to low-income, import-dependent countries,” said the report.

At the same time, high debt levels “limited government options to mitigate the effects of high prices”.

On a positive note, the situation improved in 17 countries in 2023, including the Democratic Republic of Congo and Ukraine, the report found.

 

Continue Reading
Advertisement

Tweets by ‎@megaiconmagg

Subscribe to our Newsletter

* indicates required

MegaIcon Magazine Facebook Page

Advertisement

MEGAICON TV

Trending