Crime & Court
Court Orders Immediate Release of UK Properties Belonging to Aiteo Boss, Benedict Peters
In a landmark ruling on Friday July 6, 2018, the Federal High Court in Abuja, Nigeria has directed the immediate release of two properties located in the United Kingdom belonging to African Billionaire businessman and CEO of the Aiteo Group, Benedict Peters that had been the subject of an Interim Forfeiture Order obtained by the Economic and Financial Crimes Commission (EFCC) without notice to him. By this decision, the court has upheld his case that the properties wholly belonged to him; were unconnected to the former Petroleum Minister, Mrs Diezani Allison-Madueke and were unjustifiably included in a list of properties the anti-graft agency tried to seize.
In suit no FHC/ABJ/CS/228/2016, Benedict Peters and two of his companies, Rosewood Investment limited and Colinwood limited, filed applications before the Honourable Justice Binta Nyako, seeking the discharge of the forfeiture order that she had made in April and June 2016 affecting their properties. The factual summary of the case put before the court was that he is the exclusive and beneficial owner of the following properties: Flat 5, Parkview, 83-86 Prince Albert Road, London; Flat 58 Harley House, Marylebone Road, London and 270-17 street, Unit #4204, Atlanta, Georgia, USA, that were wrongly included in a list of 19 properties in the order as allegedly belonging to the former minister.
In an application argued on his behalf by Chief Wole Olanipekun, a Senior Advocate of Nigeria (SAN), the court was urged to vacate the orders because EFCC’s premise for alleging that the properties belonged to Allison-Madueke was manifestly unfounded and not supported by any shred of evidence. Relying on the contentions that EFCC acted “upon gross misstatements, concealment and misrepresentation of facts,” sought and obtained ex-parte an interim order of forfeiture of the properties, Chief Olanipekun argued that “that the mandatory condition precedent to the grant of the interim forfeiture order was not complied with and due process of law was not followed in obtaining the interim order of forfeiture”. For the applicants, it was further asserted that concealment of accurate, relevant information from the judge when the order was made was fatal to EFCC’s case. The applications were based also on a number of significant legal arguments demonstrating the unsustainability of the order.
In her judgement, the Honourable Justice Nyako referred to a decision of the High Court of the Federal Capital Territory (FCT) handed down by Justice Musa in which Peters was a Defendant and declared that “…a subsisting judgement of a Court of coordinate jurisdiction has found and held inter alia that the property listed as Flat 58 Harley House, Marylebone Road, London, and the property listed as Flat 5, Parkview, 83-86 Prince Albert Road, St John’s Wood, London have been subject of the litigation in the suit before the High Court of the FCT, where a judgement of the Court dated 5th December 2017 was made which orders have declared that, these said properties amongst others having being legitimately acquired by the Defendant, they cannot be forfeited to the government under any circumstances.”
Justice Nyako accordingly directed that “the order of interim forfeiture that was made in this case cannot override or supersede an order of final judgement of a court of coordinate jurisdiction.” The learned judge then ordered that in that event, those properties could not continue to be restrained by the order EFCC had obtained and consequently directed the immediate release of the London properties.
However, with regard to the property in the US, the judge took the view that the property would remain affected by the order until further evidence seemingly in the same mould as that produced to the FCT High Court was placed before the court. The US property was not dealt with in the FCT case.
This latest court ruling follows other judgements vindicating Mr Peters from the various allegations that have been very publicly aired by EFCC. On December 5, 2017, the High Court sitting in the Federal Capital Territory declared that earnings and assets accruing to him were acquired legally through legitimate sources. Also, on March 21, 2018, an FCT High Court voided EFCC’s unilateral declaration of him as ‘Wanted,’ describing it as ultra vires, unconstitutional and a flagrant violation of his Fundamental rights. On 7 December 2017, another FCT High Court, in a suit brought against him, declared that a donation of $60m he made to a political party was a legitimate donation and did not violate any provisions of the laws of Nigeria.
NJC recommends Abia chief judge, Uzokwe for compulsory retirement over N825,000 gratification
His belief in the primacy of the Rule of Law and inviolability of the judicial process continues to be justified by a series of judicial verdicts and pronouncements supporting his position. These outcomes have been achieved in various cases in which he has been represented by a robust legal team comprising some of the foremost advocates in the country. The team, led by Chief Wole Olanipekun SAN, a former leader of the Nigeria Bar, comprises senior lawyers Kanu Agabi SAN and Chief Akin Olujinmi, SAN, both former Attorneys General and Ministers of Justice of the Federation, renowned Constitutional and Human Rights Lawyer, Chief Mike Ozekhome SAN, Messrs Paul Usoro, SAN, Rotimi Oguneso SAN and A U Mustapha, SAN. All Senior Advocates (the equivalents of Queen’s Counsel in the United Kingdom) are distinguished practitioners at the apex of legal practice in Nigeria. Others lawyers include Ebenezer Obeya, Chief Andrew Oru, Mrs Boma Alabi, Messrs Chidi Nobis-Elendu, Emeka Ozoani and Joseph Nwatu.
Olanipekun, who is described as Nigeria’s Avant-Garde lawyer, is referred to as of Nigeria’s leading trial lawyer. Kanu Agabi, an accomplished litigator, served Nigeria twice as Attorney General as did Akin Olujinmi whose core practice is also litigation. Mike Ozekhome’s reputation as one of Nigeria’s foremost Constitutional Law and Human Rights advocates draws from a lifelong career of fighting oppression and injustice through courts and social advocacy. Paul Usoro is a nationally acclaimed litigation and transaction expert whose core areas span the gamut of commercial law practice. Excellent all-rounders Oguneso (of the stable of Abdullah Ibrahim, SAN, also a former Attorney General of the Federation) and Mustapha make up the team of Senior Advocates. Others in the team include Security law expert Ebenezer Obeya, dual qualified and former President of the Commonwealth Lawyers Association Boma Alabi as well as the combative Andrew Oru.
Crime & Court
Bloggers Denied Bail Over Alleged Blackmail of GTCO, CEO, Citing Repeat Offenses
Justice Ayokunle Faji of the Federal High Court in Lagos has ordered an accelerated trial of four bloggers accused of defaming and cyberstalking the management of Guaranty Trust Holding Company (GTCO), including its Group CEO, Mr. Segun Agbaje.
The defendants—Precious Eze, Olawale Rotimi, Rowland Olonishuwa, and Seun Odunlami—face a 10-count amended charge for allegedly publishing false and defamatory content about GTCO on various social media platforms.
During proceedings on November 13 and 14, Justice Faji dismissed their bail applications, citing the severity of the charges, which carry potential penalties of up to 14 years in prison.
The judge specifically noted that Precious Eze had previously been charged with a similar offense in another court and was on bail at the time of the alleged actions, demonstrating a likelihood of reoffending.
Justice Faji emphasized the destabilizing impact such actions could have on the banking sector, pointing to the cross-border nature of some of the allegations.
“The regulatory oversight of institutions like the Central Bank of Nigeria (CBN) should not be undermined by false claims,” the judge remarked, referencing GTCO’s CBN-approved audited statements.
At the previous hearing, defense counsel Afolabi Adeniyi had urged the court to grant bail on liberal terms, arguing that the defendants were ready to stand trial.
However, the prosecution counsel, Chief Aribisala, SAN, opposed the motion, raising concerns about the defendants potentially absconding and stressing the need for a swift trial.
In his ruling, Justice Faji rejected the defense’s plea, ordering an expedited trial to address the case’s significant implications for the financial industry.
The trial has been adjourned to December 10 and 12 for continuation.
Crime & Court
EFCC Chair Raises Alarm on Rampant Fraud in Nigeria’s Electricity Sector
Ola Olukoyede, Chairman of the Economic and Financial Crimes Commission (EFCC), has raised concerns over widespread corruption in Nigeria’s electricity sector, attributing frequent national grid failures to fraudulent practices involving substandard materials.
Olukoyede made these remarks on Tuesday during a visit from the House of Representatives Committee on Anti-Corruption and Financial Crimes to the EFCC headquarters in Abuja.
He revealed that ongoing investigations in the power sector had exposed disturbing levels of malpractice, often resulting in compromised infrastructure and recurrent grid collapses.
“As I am talking to you now, we are grappling with electricity. If you see some of the investigations we are carrying out within the power sector, you will shed tears,” Olukoyede stated.
He further explained that contractors awarded projects to supply electrical equipment were substituting recommended materials with cheaper, inferior alternatives.
“People who were awarded contracts to supply electricity equipment, instead of using what they call 9.0 gauge, they will buy 5.0,” he said, noting that such fraudulent practices contribute significantly to the country’s unstable power supply.
“So, every time you see the thing tripping off gets burnt, and all of that, it’s part of our problems.”
The EFCC boss disclosed that the agency would be intensifying efforts toward crime prevention rather than focusing solely on asset recovery.
He emphasized that future scrutiny would prioritize spending by government ministries and agencies to curb misappropriation at the source.
Crime & Court
Nigerian Man Wanted for Child’s Murder Added to U.S. Marshals’ “15 Most Wanted” List, $25,000 Reward Offered
A Nigerian man, Olalekan Abimbola Olawusi, 48, is now among the U.S. Marshals Service’s “15 Most Wanted” list.
Authorities are offering a reward of up to $25,000 for any information that results in his arrest.
He is sought on charges including first-degree murder, causing serious bodily harm to a child, and unlawful flight to avoid prosecution, according to a report on the U.S. Marshals Service’s website.
Olawusi was charged with first-degree murder and two counts of causing serious bodily harm to a child after emergency personnel in Providence, Rhode Island, found his 3-month-old son with severe injuries on April 3, 2017.
The infant was in cardiac arrest and needed resuscitation to restore a pulse. A medical examination later revealed the child had 18 injuries in various stages of healing, consistent with prolonged abuse.
These injuries included a skull fracture, severe brain injury, and fractures to the ribs, clavicle, and limbs. Tragically, the child died six months later, despite life support efforts.
Providence Police initially arrested Olawusi on April 20, 2017, on charges of first-degree child abuse. He was released the same day but fled after the child’s death on October 31, 2017, at which point the charge was upgraded to murder.
In June 2017, Olawusi reportedly left the United States from John F. Kennedy International Airport in New York, traveling to Nigeria on his Nigerian passport. Authorities suspect he may be receiving support from relatives in Nigeria and have voiced concerns that he could pose a danger to other children.
“Mr. Olawusi is wanted for the abuse and murder of an innocent child, and has fled the country to avoid justice,” said U.S. Marshals Service Director Ronald L. Davis.
“We have placed Mr. Olawusi on our 15 Most Wanted list due to the heinous crimes he’s committed and the threat he continues to pose to the public. The USMS will exhaust all resources necessary to bring him to justice for his family and the community.”
Olawusi, also known as Olekun Olawusi, is described as approximately 5 feet 8 inches tall, weighing around 185 pounds, with black hair and brown eyes. Authorities encourage anyone with information regarding his whereabouts to contact the U.S. Marshals at 1-877-WANTED2 (926-8332) or via the USMS Tips App.
The “15 Most Wanted” fugitive programme, established in 1983, identifies some of the most dangerous and high-profile fugitives in the U.S. Known for their extensive criminal backgrounds, these fugitives often pose significant risks to public safety.
Since its creation, the programme has led to the capture of over 250 high-risk individuals, including murderers, sex offenders, and organized crime figures.
In collaboration with federal, state, and local law enforcement agencies, the U.S. Marshals Service plays a crucial role in fugitive investigations.
In fiscal year 2023 alone, USMS-led fugitive task forces arrested over 73,000 fugitives and resolved nearly 86,000 warrants, demonstrating their commitment to public safety and justice.
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