Fresh facts have emerged on the alleged sale of forfeited assets by the
office of the Attorney General of the Federation and the Economic and
Financial Crimes Commission which pitted the two government institutions
against each other.
Investigations by one of our correspondents
revealed that the Attorney General of the Federation and Minister of
Justice, Abubakar Malami (SAN), and the suspended EFCC Acting Chairman,
Ibrahim Magu, at different times gave separate authorisations for the
sale of seized assets.
Rather than harmonise the disposal of
assets forfeited by alleged looters and other individuals arraigned on
charges of financial and cyber crimes, findings indicated that their
respective offices had separately invited auctioneers to bid for the
sale of luxury homes, cars, trucks, sea vessels, crude oil and other
valuables running into billions of naira.
The Ministry of Justice
and the EFCC had placed several auction notices in the Federal Tenders
Journal and other media inviting the public for auction sales of some
seized assets.
In February 2018, for instance, the ministry
placed an advertisement inviting auctioneers, marine engineers, valuers
and consultants for valuation and disposal of vessels, ships, boats,
trucks, vehicles and petroleum products. The notice was placed on a
subscription-based online portal, https//:234business.com.
The
ministry hinged the move on the decision of the Federal Government to
“clear its territorial waters, ports, dockyards, agency offices/stations
and highways of obsolete and unauthorised vessels, barges, boats,
ships, trucks, vehicles and the cargo in furtherance of National
Security of the Federation and recovery of its assets policy.”
On
December 19, 2019, the anti-graft agency auctioned 244 trailers and
tankers forfeited to the Federal Government by illegal oil dealers.
Eleven auctioneers participated in the bid.
The exercise was
inaugurated by the commission secretary, Mr Ola Olukoyede, together with
a team of senior officers at the EFCC zonal office in Port Harcourt,
Rivers State. The agency issued a press statement on the exercise. A
copy of the notice was also published on its website.
Magu’s plan to auction $40m Dieziani’s jewellery, others without AGF’s approval his undoing – Sources
In
November 2019, Magu also announced that his agency would contract
international auction houses to sell the jewellery reportedly worth $40m
recovered from ex-petroleum minister, Mrs Diezani Alison-Madueke,
together with seizures made from Internet fraudsters, having secured a
forfeiture order from the Federal High Court on September 10.
Magu
stated this during a conference at the Lagos office of the commission,
where he briefed the stakeholders on the crusade against cybercrime and
fraudsters.
The jewellery includes 419 bangles, 315 rings, 304
earrings, 267 necklaces, 189 wristwatches, 174 earrings, 78 bracelets,
77 brooches and 74 pendants; as well as luxury houses in Nigeria, United
States and in the United Kingdom.
Sources said the refusal of
Magu to involve the AGF in the disposal of the forfeited assets largely
informed the rift between them, which led Malami to write a memo to the
President, Major General Muhammadu Buhari (retd.), in which he
reportedly levelled 22 allegations against the embattled EFCC boss, who
is a commissioner of police.
Following the development, the
President set up a fact-finding panel headed by a retired President of
the Court of Appeal, Justice Ayo Salami, and six other members,
including DIG Mike Ogbizi, Hassan Abdullahi (representing the Department
of State Services), Douglas Ekwueme (Nigerian Financial Intelligence
Unit), Mallam Shamsudeen (OAGF), Mohammed Abubakar (Ministry of Justice)
and Kazeem Atilebi (civil society groups).
Magu has been held in
police custody since Monday and currently undergoing interrogations
over what was said to include the unapproved sale of recovered assets.
The
embattled EFCC boss was said to have been accosted on Monday by
operatives of the Department of State Services in front of the old EFCC
headquarters on Fomella Street, Wuse 2, Abuja, around 12pm and whisked
to the venue of the panel sitting.
The panel’s investigation is
holding behind closed doors in one of the conference rooms in the old
Banquet Hall of the Presidential Villa, Abuja.
Meanwhile,
documents obtained by Saturday PUNCH on Friday indicated that the AGF
last year granted approval to some operators in the oil industry to sell
five sea vessels holding crude oil and diesel forfeited to the Federal
Government.
The vessels valued at millions of naira and laden
with tonnes of crude oil and diesel were seized by security agencies
from illegal oil bunkering operators during different operations.In
separate documents, the AGF directed Omoh-Jay Nigeria Ltd. to dispose of
the crude oil and diesel in four sea vessels through an open bid.
In
another approval, the AGF mandated the firm to sell five vessels
despite the fact that the firm and its Managing Director, Mr Jerome
Itepu, stood trial at the Delta State High Court, Asaba, for allegedly
stealing about 12,000 metric tonnes of crude oil loaded in a vessel, MT
Akuada a.k.a. MT Kua, valued at N384m in 2009. The auctioneer was to get
three per cent of the sale.
The EFCC had in 2015 arraigned four
persons on charges of conspiracy, stealing and receiving stolen
goods.The accused included a businessman and chieftain of the All
Progressives Congress in Edo Central Senatorial District, Chief Francis
Inegbeneki; Chief Executive Officer of Omoh-Jay Nigeria Ltd., Mr Jerome
Itepu; Omoh-Jay Nigeria Ltd. and Ine Oil Ltd. owned by Inegbeneki.
The
suit, numbered A/EFCC/1c/2015, was filed on March 24, 2015 by A.J.
Arogha, Esq. and U.R. Ewoh, Esq. on behalf of the EFCC.The accused were
charged with “conspiracy, contrary to, and punishable under section 516
of the Criminal Code Law, CAP C21, Laws of Delta State 2006.”
According
to the anti-graft commission, the accused, sometime in 2009, at Warri,
Delta State, within the jurisdiction of the court, allegedly conspired
to “commit a felony, to wit: stealing and, thereby, committed an
offence.”It stated, “They were alleged to have committed the offence of
stealing, contrary to section 383 of the Criminal Code Law, CAP C21,
Laws of Delta State 2006, which is punishable under section 390(4)(c) of
the same law.
“According to the particulars of the offence, they
allegedly stole about 12,000 metric tonnes of crude oil loaded in a
vessel, MT Akuada a.k.a. MT Kua, valued at N384m in 2009, being the
property of the Federal Government of Nigeria.”The third count indicated
that the accused also allegedly stole about 4,000 metric tonnes of
crude oil, loaded in a vessel, MT Hope, valued at N128m belonging to the
Federal Government.
Inegbeneki, the second accused in the charge
sheet, was also charged with allegedly receiving stolen goods contrary
to, and punishable under section 427 of the Criminal Code Law, CAP C21,
Laws of Delta State 2006, “having allegedly received from one Itepu
(first accused) and Omoh-Jay (third accused), about 12,000 metric tonnes
of crude oil, knowing same to have been stolen.”
However,
findings by one of our correspondents indicated that the AGF authorised
Omoh-Jay Nigeria Ltd. to auction the forfeited vessels.In a letter dated
April 3, 2019, with reference no.HAGF/ARMU/RMDOVSC/2018/T addressed to
the Chief of Naval Staff, Nigerian Navy, Vice Admiral Ibok-Ete Ibas, the
AGF said Omoh-Jay Ltd. had been granted approval to conduct an open bid
and solicited the cooperation of the navy.
The letter signed by
Malami, titled ‘Re: Suit no. FHC/ABS/CS/742/2017 FRN and Anor. vs
unknown persons (arrested vessels), was received by the CNS on the day
it was signed.It read, “Please be informed that Omoh-Jay Nigeria Ltd.
has been granted approval to conduct an open bid for content only for
the following vessels: MT Asteris with crude oil, MV PSV Derby with
Automated Gas Oil (diesel), MV Zahra with AGO and MV Long Island with
AGO (with leave of court).
“For the purpose of disposal of the
products under reference, the Office of the Honourable Attorney-General
of the Federation and Minister of Justice requests the Chief of Naval
Staff to kindly grant access and necessary support as always for the
whole process.” In the second approval, Malami directed Omoh-Jay Nigeria
Ltd. to conduct another open bid for five sea vessels, three of which
were laden with crude oil and diesel.
The letter addressed to the
MD of Omoh-Jay Ltd, dated September 9, 2019, with reference
HAGF/ARMU/NSA /2018/1, was also signed by the Justice Minister. It was
titled, ‘Re: Report on suit no. FHC/ABS/CS/742/2017 FRN and Anor. v
unknown persons (arrested vessels).
It read in part, “Pursuant to
your earlier instruction dated September 12, 2018, on the above subject
matter, you are hereby instructed further to conduct an open bid sale
for the following vessels: MT Asteris with crude oil, MV PSV Derby with
Automated Gas Oil, MV Zahra with AGO, MT Peace and MV Anuket Emerald.”
It
further directed the firm to revert with offers to the AGF for final
approval before the conclusion of the sale.“Be informed that the success
fees remain three per cent of the total value recovered from the
auction. You are, therefore, expected to submit acceptance letter within
72 hours of the receipt of this instruction,” Malami directed.
However,
our correspondents could not confirm the current status of the case
between the EFCC and Omoh-Jay Nigeria Limited as well as other
co-defendants as of the time of filing this report on Friday.Reacting on
behalf of the AGF, in respect of the approval to Omoh-Jay Ltd, his
media aide, Dr Umar Gwandu, simply asked one of our correspondents to
make a formal request.
“You are also encouraged to support the
enquiry with evidence of criminal conviction.This will assist with the
investigation and decision in considering them for auction or otherwise
in view of constitutional presumption of innocence until otherwise
established,” he noted.
On the lack of synergy between the AGF
and EFCC on assets disposal, Gwandu argued that recovery agencies were
unified by existing regulation in assets recovery put in place to
regulate their processes and procedure in recovery and disposal of
recovered assets.
He stated, “It is out of place to conclude
that there is no collaboration. Failure to work on existing regulation
that forced collaboration, transparency, accountability and uniformity
can, therefore, at best be adjudged as an act of breach.”
Asked
specifically why the AGF and Magu were independently authorising auction
of assets, he responded, “Submit your enquiry with documents to back
your claim.” The EFCC spokesman, Dele Oyewale, had yet to respond to
inquiries regarding sale of assets without recourse to the AGF as of the
time of filing this report.
When contacted on the status of
the case involving Omoh-Jay Ltd. and other defendants, an EFCC lawyer,
A. Latona, declined comment. “Make your inquiry official, please; I
don’t respond to questions on the phone,” he said on Friday night.
IG replaces police officers attached to EFCC
The
Inspector-General of Police, Mohammed Adamu, on Friday directed the
immediate withdrawal of all police operatives serving at the EFCC,
adding that they should be replaced with new ones.
The EFCC has
offices in 15 states across the country including Abuja. These zonal
offices are located in Abuja, Lagos, Rivers, Enugu, Kano, Gombe, Oyo,
Kaduna, Borno, Edo, Akwa Ibom, Sokoto, Kwara and Benue, with its
headquarters in the Jabi area of Abuja and secured by riot policemen,
who also provide backup for EFCC operatives during operations.
In
a police signal marked 101646/07/2020 addressed to the Assistant
Inspector General, Police Mobile Force, PMF Squadrons one to 79, Force
Secretary and Commissioners of Police of all the state commands and the
Federal Capital Territory, the IG ordered that all the policemen
deployed in EFCC be withdrawn and replaced with new operatives.
According
to the order, only staff of the EFCC should be allowed access into the
premises, while withdrawn police personnel from PMF 21, 44, 45, 46 and
50 must report to the Force Headquarters by 8am on Monday.
Many
of the policemen at the EFCC were believed to be loyal to the suspended
EFCC boss.It was also learnt that police security guarding the official
and personal houses of Magu had been withdrawn. The men were ordered to
leave the residences in Abuja.It was further gathered that all vehicles
in the official house in Maitama were also driven away.
Suspended EFCC boss’ escort withdrawn, seeks bail on self-recognition
Meanwhile,
Magu, who has been in detention since his arrest, has applied to the IG
to be released on bail. He made the request through a letter sent on
his behalf by one of his lawyers, Mr Oluwatosin Ojaomo, on Friday.
His
lawyer’s letter dated July 10 with the IGP office’s acknowledgment
stamp bearing the same date, requested that Magu be granted bail “on
self-recognisance.”
“Finally, if our application for bail on
self-recognisance is not acceptable, we are ready to provide a credible
surety that will ensure the availability of our client anytime he is
needed for the purpose of this investigation,” the letter added.
Also
copied in the letter were the President, Major General Muhammadu Buhari
(retd); the Chairman of the Presidential Probe Panel on the activities
of the EFCC, Justice Ayo Salami (retd); the Chairman, Presidential
Advisory Committee on Anti-Corruption, Prof Itsay Sagay (SAN); and the
Deputy Inspector-General of Police in charge of Investigation, Force
Criminal Investigation and Intelligence Department, Garki Area 10,
Abuja, where Magu is reportedly being held.
His lawyer in the
letter also reminded the IGP of his “recent directives to all police
formations in Nigeria not to detain any suspect for any offence which is
bailable in nature due to the COVID-19 pandemic that is ravaging the
world which Nigeria is not an exemption from.”
Ojaomo stated that
his client had denied all the allegations being investigated by the
panel including the ones levelled against him by the Attorney-General of
the Federation, Mr Abubakar Malami (SAN), “and has provided both
documentary and oral evidence to clear the air on all the allegations.”
He
added, “Sir, our client has been in your detention facility since the
6th day of July, 2020 hoping to be granted an administrative bail by
your office, our decision to write this application to your office is
premised on your declaration and avowed commitment at your inauguration
as the Inspector-General of Police to ensure that the constitutional
rights of all Nigerians are protected under your leadership.”
He stated that granting bail to Magu would enable him to adequately prepare for his defence before the panel.
He
stated, “In view of the bailable nature of the allegations levelled
against our client, we hereby apply that you grant him an administrative
bail pending the completion of the investigation into the allegations
levelled against him so that he can adequately prepare himself for the
defence of these allegations in accordance with the relevant provision
of the constitution.”
Buhari has approved Magu’s suspension, Umar as acting EFCC chair – Malami
The
Attorney-General of the Federation also said on Friday that the
President had approved the immediate suspension of Magu.A statement by
Special Assistant on Media and Public Relations, Gwandu, also confirmed
previous media reports that the President had directed the EFCC Director
of Operations, Mohammed Umar, to take charge of the affairs of the
commission pending the conclusion of the investigative hearing on
different allegations levelled against Magu.
The minister stated
on Friday that Buhari’s approval of the suspension of Magu, who has been
acting as the EFCC chairman since 2015, was to pave the way for an
unhindered probe by the panel.
The statement partly read,
“President Muhammadu Buhari has approved the immediate suspension of
Ibrahim Magu as Acting Chairman of the Economic and Financial Crimes
Commission in order to allow for unhindered inquiry by the Presidential
Investigation Panel under the Tribunals of Inquiry Act and other
relevant laws.”
It added, “President Muhammadu Buhari has also
approved that the EFCC Director of Operations, Mohammed Umar, should
take charge and oversee the activities of the Commission pending the
conclusion of the ongoing investigation and further directives in that
regards.”
Uncover buyers of seized properties, Fayose tells FG
A
former Governor of Ekiti State, Mr Ayodele Fayose, on Friday called on
the Federal Government to uncover those who bought the properties seized
by the commission.
In a statement by his media aide, Lere
Olayinka, titled, ‘Magu: Probe mustn’t be about his removal alone,
buyers of seized properties must be uncovered’, Fayose said,
“Those
recovered loots that were ‘relooted’ must be ‘re-recovered’. This
investigation must not end up as their usual paddy-paddy arrangement. It
should not end up as a tool just to remove Magu because removing him
will not be enough.The loots already ‘relooted’ must be ‘re-recovered’
and those who ‘relooted’ the loots brought to book.
“Nigerians
must know the beneficiaries of the seized properties and how they were
sold because most of these properties were (allegedly) bought by
associates of Magu, including some so-called human rights lawyers.”
Computers destroyed at NFIU before panel’s visit
The
probe of Magu however took an interesting turn on Friday as computers
at the Nigerian Financial Intelligence Unit where evidence was
purportedly kept, were destroyed.
The incident took place at the
NFIU office located on Ibrahim Taiwo Street near the Presidential Villa
barely hours before members of the Presidential panel investigating Magu
were to visit the office to view evidence stored on the computers.
The
NFIU, which used to be a unit under the EFCC before it was separated as
an independent agency in 2018, was said to be a vital agency in the
probe of Magu.
A top source said, “Some NFIU officials had
earlier in the week testified orally before the panel. However, they
said they could not bring some sensitive materials before the panel
because of their operational protocol.
“The members of the panel
subsequently scheduled a visit to the NFIU office on Friday to view some
of the evidence. However, before they could get to the NFIU office,
some unknown persons had broken into the place and destroyed the
computers.”
However, Magu’s lawyer, Tosin Ojaomo, said his
client should not be linked with the alleged destruction of the
computers, saying such linkage was as an attempt to damage his client’s
reputation.
He said, “Magu has nothing to do with that matter.
The main office of the NFIU is inside the Central Bank of Nigeria. That
is where most of their operations take place.
“People are just
doing everything possible to blackmail Magu. How can Magu who is in
detention send people to destroy things? The truth will soon emerge.”
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