The EFCC Chief promised to lead the anti- corruption agency by example and cut down discretion in the conduct of its affairs through institutionalizing a Standard Operating Procedure.

According to him,”What I envisage the EFCC to do is to ensure that we work on our own Standard Operational Procedure, to improve on our Standard Operational Procedures so much so that, all that is expected of us is written down somewhere in a document to curtail the use of discretion from the office of the Executive Chairman down to the ordinary investigator.

“We are looking forward to an EFCC whereby I as the Executive Chairman if I give an instruction to a junior officer, he will look at my face and say, Sir I understand your instruction but I will not be able to do it because of so and so Section governing the rules and regulations of the EFCC”.

He also stated that he was interested in establishing synergy with other law enforcement organizations, both nationally and internationally, and aggressively pursue the repatriation of seized assets.

“I have talked on the issue of synergy between the EFCC and sister security agencies in the country as well as the work I envisage to do together with our foreign strategic partners. We are going to work on that, we are going to strengthen it. The EFCC is not a lone ranger, we are going to reach out. The job of fighting economic and financial crimes is for everybody to be on board, and we will ensure that because we don’t have monopoly of knowledge.”

The new EFCC boss further expressed his desire to upgrade the skills of staff of the Commission through training, while also seeking the support of the lawmakers by way of appropriation.

In his words, “regarding the issue of repositioning, I have talked about processes and procedures and the law, but the backbone of every organization is its human resource. I hope and pray that we will still come back to this chamber for proper appropriation to enable us build the capacity of our staff at the EFCC and to meet up with the current challenges and new typologies of crime as well as trends in money laundering so that, at the end of the day, our vision of ridding this country of economic and financial crimes is actualized”.

On the vexed issue of management of recovered assets, the new EFCC Chairman said that going forward, the Commission will be more transparent and accountable, and  ensure that finally forfeited assets are disposed of immediately instead of leaving them dormant.

He equally pledged to work with the Inter-Ministerial Committee on Disposal of Federal Government Forfeited Assets, to ensure the success of their assignment, while also pursuing a programme of digitalization to guarantee the fidelity of assets record.

“We have, of course, the lingering problem or issues bothering on management of assets, etc. We will embark on the digitalization of the processes in the EFCC. In essence, what I am saying is that we are going to embrace technology to enable us keep our records properly so that anytime Nigerians are asking questions, it will just be a matter of pressing a button”,  Bawa continued.

In answer to a question, Bawa dispelled the allegation of illegally selling forfeited properties during his time as Head of the Port Harcourt Office of the Commission.

“I never sold a single truck at the Port Harcourt office, the head office handled that at the time.

“Anybody that is familiar with the processes of the EFCC knows that the chairman doesn’t have the power to sell an asset but the secretary of the agency. The former secretary and two directors came from the head office to conduct the sale”, he explained.

The EFCC boss assured that he would live to the expectation of the appointing authorities and teeming Nigerian youths who now look up to him as a model and ambassador.

“I am not unaware of the fact that my nomination has caused a lot of hope for millions of youths around the country, I want to state here that I am going to give them a good representation in the governance of this country so that at the end of the day, more youths will be given huge responsibilities in this country.

“Let me thank the President of the Federal Republic of Nigeria for finding me competent and deserving as the chairman of the EFCC and to also assure him and indeed Nigerians that the confidence he has in me will be proven beyond doubt at the end of my term in office,” he stated.

Bawa who is a certified fraud examiner and member of the prestigious America -based Association of Certified Fraud Examiners, and a Certified Anti-Money Laundering Specialist, has also been trained by the US Federal Bureau of Investigation, FBI and the UK National Crime Agency.

As the fourth executive chairman of the EFCC, he is the first core staff of the Commission to occupy the office.

By Idowu Ayodele 

Photo credit : Channels TV

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The sentence followed his arraignment by the Ibadan Zonal Office of the Economic and Financial Crimes Commission, (EFCC) on one count of obtaining by false pretence.

The charge, according to a statement signed by the commission’s Head, Media & Publicity, Wilson Uwujaren reads: “That you Oluwatoyin Henry sometimes in 2019, at Ogbomosho, within the jurisdiction of this Honourable Court, with intent to defraud, obtained the sum of One Thousand Two Hundred United States of America Dollars (USD$1,200) from one Betty Mosley, when you falsely represented to him that you are a citizen of United States of America by name Amanda, who is in love with him which representations you knew to be false and thereby committed an offence.”

The convict, Oluwatoyin pleaded guilty to the amended charge after a plea bargain agreement with the prosecution.

Based on his plea, he was convicted and sentenced to six months in prison.

He was also ordered to restitute the sum of $1,200 USD (One Thousand Two Hundred United States of American Dollars) to his victim, and forfeit his iPhone 11, one Infinix Hot 5 and a Nokia phone to the Federal Government of Nigeria.

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Justice Nathaniel Ayo-Emmanuel of the Federal High Court sitting in Osogbo, Osun State pronounced the 32-year-old, who claimed to be a graduate of civil engineering, guilty of a one-count amended charge of criminal impersonation on Monday, and handed him fourteen months custodial sentence.

The crime offends Section 22(2) (b) (ii) of the Cyber Crimes (Prohibition, Prevention Etc) Act, 2015 and punishable under Section 22 (2) of the same Act.

He was charged for defrauding one Warren Doht, an American, of a total sum of N19,664,128.50 (Nineteen Million, Six Hundred and Sixty Four Thousand, One Hundred and Twenty Eight Naira, Fifty Kobo).

The convict had, however, approached the Commission for a plea bargain agreement which formed the basis for the amended charge with which he was arraigned and convicted of on Monday.

After pleading guilty to the amended charge, prosecution counsel Murtala Usman urged the court to convict him accordingly.

Apart from the jail term, the court also ordered Oteyowo to restitute the N19,664,128.50 to the victim of his crime.

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Speaking at the presentation, the Head of the Ilorin office, Isyaku Sharu disclosed that the Zone which started its operations in February has achieved a lot in terms of assets recovery and conviction of corrupt individuals.

According to him, “we have 29 convictions and over N500million (five hundred million naira) recovery for both assets and cash; part of this recovery is the N111, 428, 891.00 cash recovered for the Kwara state government.

“This recovery is from suspected Kwara state treasury looters. The suspects allegedly misappropriated landed properties of Harmony Holdings while others diverted funds meant for micro small and medium enterprises credit scheme. The suspects cut across political office holders, traditional rulers and top civil servants,” he added.

Mr Sharu, while assuring of the agency’s steadfastness in ridding the state of all acts of corruption and other economic crimes, stressed that he was mandated by the acting chairman of the Commission, Ibrahim Magu to present a draft for the recovered fund.

Governor Abdulrazaq, in his response thanked the EFCC, just as he hinted  that the cash will be used for the social investment programme in the state to lift poor people out of poverty.

“We are overwhelmed because history is being made in Kwara state with the return of our monies recovered by the EFCC especially now that there are many projects to embark on.

“As we promised to replicate the federal government social investment programmes, this cash would be used for that programme and we will make our people realise that the seed money for social investment programme, before we came into power, was also recovered.

“We would let our people know that it is the money realised by the EFCC we are giving them so that they can pay back when they get the loan. It will help to lift thousands of people out of poverty,” the governor averred.

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SERAP noted that it is an opportunity for the anti-graft agency to show that former heads of state and other high-ranking public officials are not immune from investigation and prosecution for allegations of grand corruption in Nigeria.

“This probe is something, which SERAP has consistently called for. Nigerians have for far too long been denied justice and the opportunity to get to the bottom of why they continue to pay the price for corruption in the electricity sector–staying in darkness, but still made to pay crazy electricity bills.”

According to reports, the EFCC has begun the probe of the $16 billion power project of the administration of former President Olusegun Obasanjo. While some put the exact cost of the project at $16 billion others say it is $13.8 billion. Key contractors and about 18 top public officers allegedly involved in the power project scam during the Obasanjo administration, and those of former Presidents Umaru Yar’Adua and Goodluck Jonathan, may also be arrested.

SERAP, in a statement signed on Sunday by its deputy director, Kolawole Oluwadare, said: “The probe is timely, especially coming at a time of citizens’ frustrations at persistent allegations of corruption and the impacts on their human rights. Investigating allegations of grand corruption and prosecuting former heads of state and other high-ranking officials where such allegations show relevant and sufficient admissible evidence would address the grave travesty that has for many years occurred in the power sector.”

The organization also added: “The EFCC should urgently invite anyone suspected to be involved for questioning. The agency should also expand the probe to cover the alleged squandering of a total of N11 trillion in the power sector between 1999 and 2015, and the unresolved case of the reported missing $12.4 billion oil windfall, allegedly spent between 1988 and 1993 by the government of former military dictator, General Ibrahim Babangida.”

“The EFCC has the full support of Nigerians in its efforts to hold high-ranking public officials to account for grand corruption, and if consistently, fairly and diligently pursued, this probe would contribute to ending impunity for corruption, and to mobilizing and encouraging youth civic engagement in the anti-graft fight in the country. SERAP stands ready to work with the EFCC in pursuing all allegations of grand corruption.

“SERAP notes that former presidents have routinely faced corruption charges in countries like Iceland, Kyrgyzstan, Brazil, Montenegro, South Korea, Pakistan, Zimbabwe, South Africa, Slovakia, Peru, and Mauritius, and the probe by the EFCC would mean this list would grow even further to include Nigeria.

“Impunity for grand corruption will continue as long as high-ranking public officials go largely unpunished for their alleged crimes. It is by pursuing these allegations and taking the evidence before the court that the truth will be revealed and justice best served. Addressing impunity in the power sector should be total. This would help to further public perception of fairness and thoroughness.

“Lack of regular electricity supply in the country had occasioned many other problems, including lack of access to potable water. The failure by successive governments to tell Nigerians the truth about allegations of corruption in the power sector amounts to a failure to ensure that electricity services are progressively made available, on the basis of equality and non-discrimination.

“In November 2016, SERAP petitioned the former Chief Justice of Nigeria, Walter Onnoghen, urging him to probe the alleged spending of the $16 billion. In April 2017, SERAP sent President Muhammadu Buhari an open letter, advising him to take allegations of corruption in the power sector to the international criminal courts to ensure that justice is served.

“SERAP has also called on Mr Buhari to refer the alleged $16 billion spending on electricity between 1999 and 2007 to the EFCC. Mr Buhari subsequently raised questions over the issues, saying that ‘one of the former Heads of State was bragging that he spent more than 15 billion American dollars, not naira, on power. Where is the power? Where is the power?

“In August 2017, SERAP published a report, ‘From Darkness to Darkness: How Nigerians are Paying the Price for Corruption in the Electricity Sector’, which revealed how over N11 trillion meant to provide regular electricity supply was allegedly squandered under the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua and Goodluck Jonathan”, the statement concluded.

Meanwhile, the said report reads: “The Obasanjo’s administration spent $10 billion on NIPP with no results in terms of increase in power generation. $13.278,937,409.94 was expended on the power sector in eight years while unfunded commitments amounted to $12 billion.

“The Federal Government then budgeted a whopping N16 billion for the various reforms under Liyel Imoke (2003 to 2007) which went down the drains as it failed to generate the needed amount of electricity or meet the set goals. Imoke was alleged to have personally collected the sum of $7.8 million for the execution of the contract for the construction of the Jos-Yola Transmission Line, which was never executed. There were documented/reported allegations of corruption against Imoke that fizzled-out shortly thereafter.”

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Justice Joyce Abdulmalik of the Federal High Court, Ibadan judicial division, handed down the verdict after Oyesanmi pleaded guilty to a one-count amended charge brought against him by the Economic and Financial Crimes Commission, EFCC, Ibadan Zonal Office.

Sequel to his lawyer’s request for a plea bargain and the suspect’s display of remorse during investigation, the commission dropped the initial six-count charge of documents forgery and obtaining through false pretence preferred against him, and replaced same with the lone-count charge of sending pornographic and indecent pictures.

Investigations by the EFCC operatives further confirmed that Oyesanmi was fond of sending pornographic pictures through his email address to pose to his victims as a woman, with the intention to extort money from them.

But, his cup was full on January 31, 2019 when he was arrested by the detectives from the commission, following a complaint from one Micheal Clark, whom he had defrauded of a sum of US$500 (Five hundred United States Dollars).

“That you Oyesanmi Ayomikun Oluseun, on about 31 January, 2019 at Ibadan with the Ibadan juristidiction of this Honorable Court, knowingly sent pornographic and indecent pictures with email (mikeclark861@gmail.com) through a computer system and network to one Micheal Clark and thereby committed an offense contrary to Section 24(1)(a) and punishable under Section 24(1)(b) of the Cyber Crimes (Prohibition, Prevention Etc) Act, 2015”, the charge against him reads.

In consonance with the terms of the plea bargain, the judge sentenced Oyesanmi to four months imprisonment with effect from his day of arrest.

Also, apart from returning to his victim the US$500 he dubiously took from him, the is also to forfeit his iPhone 8plus, Hp Laptop charger and wristwatch to the government.

The prosecution counsel, Mr Shamsudden Bashir, represented the EFCC in the case.

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The suspects, which include, Adebimpe Babajide Quadri, Olajide Timileyin, Olubayo Oluwaseyi and Afolabi Wasiu were separately arraigned on their respective charges.

Adebimpe was arraigned on a two-count charge bordering on intent to defraud and obtaining by false pretense, while Olajide’s three-count charge border on intent to defraud, obtaining by false pretense and possession of fake documents.

Also, Olubayo nicknamed ‘Rachel Micah’ and Afolabi were arraigned on seven-count and Eight-count charges respectively.

A charge against Olubayo further reads: “That you Olubayo Oluwaseyi (aka Rachel Micah) on or bout 21st January, 2019, at Ibadan within the jurisdiction of this Honorable Court, knowingly sent pornographic and indecent pictures with your email (rachelerick20@gmail.com) through a computer system and network to one Erick C. Berge and thereby committed an offense to section 24 (1) (a) and punishable under section 24 (1) of the Cyber Crimes (Prohibition, Prevention Etc) Act 2015.”

The accused pleaded not guilty to the charges, and were given different dates for hearing of bail applications and trial.

Olajide and Olubayo are expected in court on March 19 for bail application hearing, while their trial will commence on May 7, 2019.

Adebimpe’s case was adjourned to April 15 for hearing of bail application and trial.

For Afolabi, the next appointment is March 20.

All the suspects are to remain in prison custody till their respective adjourned dates.

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