USA Africa Dialogue Series - STAR MESSAGE: Of Goodwill to EFCC - by Femi Falana

My Goodwill Message To The EFCC 

By 

Femi Falana

May 27, 2016

When the EFCC took off in 2004, it was able to prevent the corrupt criminal suspects from frustrating their prosecution. Unfortunately, the EFCC was taken over by powerful criminal suspects in connivance with a former Attorney-General of the Federation and an ex-Inspector-General of Police. While pretending to fight corruption under the rule of law, the vagabonds in power were able to suspend the trial of a few public officers who had criminally diverted over N2 trillion. Having taken over the criminal justice system they made sure that once a big man or woman was admitted to bail the defence counsel engaged in dilatory tactics to wear out the court and the prosecutors.

In the past one year, the Economic and Financial Crimes Commission has secured over 160 convictions in respect of cyber crimes, obtaining by false pretences or "419″, fraud, stealing and other cases. By the standard of any legal system, that is a record achievement. But the perception out there is that the anti-graft agencies are not succeeding because the fat cats have remained largely untouchable. The picture has begun to change. Just recently, a former commissioner in Adamawa state, local government officials in Kogi state and a former DG of NIMASA were convicted and jailed. With the religious application of the provisions of the Administration of Criminal Justice Act, 2015 our criminal courts have sped up the trial of criminal exposed persons.

To block the movement of stolen funds locally and internationally the federal high court has granted Mareva injunctions and other preservative orders. To aid investigation and prevent well-connected people from tampering with the investigation of serious cases magistrate courts have been granting detention orders of suspects. Both the Supreme Court and the Court of Appeal have rejected the clever designs of some accused persons to frustrate their prosecution at the trial courts. The anti-graft agencies must, therefore, team up with the judiciary by ensuring that proper investigations are conducted. The ICPC, which has over 400 cases pending in the various state high courts, should urgently review them with a view to charging the suspects with money laundering or other federal offences in the federal high court.

Those who have stolen the country dry and violated the human rights of the masses in the process will no longer be allowed to invoke the rule of law to hide their loot. It is high time the EFCC paid attention to the looting of the commonwealth by foreign companies and governments. Admittedly, the members of the ruling class in Nigeria are "fantastically corrupt";  the EFCC must join President Buhari to demand a return of the huge sums of money hidden in the vaults of banks and invested in real estates of western countries. We have decided to submit to the EFCC evidence of the country's hydrocarbons valued at over $100 billion stolen by western companies with the connivance of their governments.

Finally, the recovery of the looted wealth of the nation for which the EFCC is fully dedicated is a popular cause. It is supported by all our people.

However, the powerful beneficiaries of corruption are fighting back in a ferocious way. But they cannot win the battle because there is no hiding place for them any longer

______________________________________________________________ END

My People:

An example of the application of a Marevan (asset freezing) injunction is provided below.  Now, as a night lawyer, I think that in addition to the Mareva injunction, they should add the Anton 

piller order!  Our Diaspora Lawyers - eg Nigerian Association of Lawyers - should be able to follow up on thiese things.....

And there you have it.

Bolaji Aluko

_________________________ 

THE NATION

Alleged $1.8b debt: Court freezes Diezani's associates' assets in Nigeria, US, UK, others

Posted By: Eric IKHILAE, Abujaon: May 28, 2016

A Federal High Court in Lagos has granted the Federal Government injunctions  freezing  assets and funds in and outside the country  traced to two Nigerian businessmen, Kola Aluko and Jide Omokore, as well as  their companies – Atlantic Energy Drilling Concepts Nigeria Limited (AEDC), Atlantic Energy Brass Development Limited (AEBD).

Omokore and Aluko are accused of benefiting from some shady transactions with the immediate past Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke.

They are also  said to be indebted to the government to the tune of $1.8 billion.

Justice   O. O. Oguntoyinbo, in an ex-parte ruling, granted mareva injunctions restraining  the duo  from dealing with the funds in some local and foreign banks and assets in Nigeria and abroad, pending the determination of a substantive suit filed by the Federal Republic of Nigeria (FRN), Nigerian Petroleum Development Company (NPDC) and Nigerian National Petroleum Corporation (NNPC).

The suit marked FHC/L/CS/701/2016 was filed on behalf of the plaintiffs by Oladipo Okpeseyi (SAN), who also argued the ex-parte motion for injunctions on May 24.

Listed as defendants in the case are Atlantic Energy Drilling Concepts Nigeria Limited (AEDC), Atlantic Energy Brass Development Limited (AEBD), Olajide Omokore and Kolawole Aluko.

Justice Oguntoyinbo, in the ruling, restrained the defendants, themselves, agents, directors, among others, "from giving any instruction demanding, accepting or receiving payment from banks and other companies listed as In Re: 1 – 34 on the face of the motion paper and or giving any sale or transfer instruction, demanding, accepting or receiving any payment or sale or dividend on the shares owned by the defendants, their servants, agents, privies, sister companies, their nominees in the aforesaid companies and or persons listed as In Re: 28 -39 on the face of the motion on notice filed herein."

The banks and companies listed in the motion include Access, Citi Bank, Diamond, Eco Bank Nigeria, Fidelity Bank, First Bank, First City Monument Bank, Guaranty Trust Bank, Heritage Bank, Keystone Bank, Skye Bank, Stanbic IBTC, Standard Chartered Bank, Sterling Bank, Union Bank, United Bank for Africa, Unity Bank, Wema Bank, Zenith Bank (local banks).

The off shore financial institutions are BNP Paribas (Switzerland), LGT Bank (Switzerland),  Standard Chartered Bank (London),Barclays Bank (London), Standard Energy (Voduz, Switzerland), HSBC (London), Corner Bank (Lugano, Switzerland) and Deutsche Bank (Geneva).

 The companies include Mia Hotels Ltd, First Motors Ltd, V.I. Petrochemical Ltd, Evergreen Realty & Management, Ox Trade Ltd, De First Union Integrated Services, Amity Plus Ltd and Seven Energy International Ltd.

The affected companies and persons listed as In Re: 28 –  39, in the motion papers are  Mia Hotels Ltd, First Motors Ltd, V.I. Petrochemical Ltd, Oxtrade Ltd, De First Union Integrated Services, Amity Plus Ltd, Seven Energy International Ltd, Atlantic Energy Drilling Concepts Nigeria Limited (AEDC), Atlantic Energy Brass Development Limited (AEBD), Olajide Omokore and Kolawole Aluko.

Justice Oguntoyinbo also ordered and directed some local banks  "listed as In Re: 1 – 9 on the face of the motion paper to sequestrate, within 7 days of the receipt and or service of this order, any and or all the sums of money and negotiable instruments standing to the credit of the defendants, their servants, agents, privies, nominees, whether natural or artificial, up to the plaintiffs'/applicants'' claim against the defendants in the sum of $1.762,338,184.40 only, and deep same in an interest yielding account in the name of the Chief Registrar of this court as trustee of same, pending the determination of the motion on notice filed herein."

The affected banks include Access Bank, Citi Bank, Diamond Bank, Eco Bank Nigeria, Fidelity Bank, First Bank, First City Monument Bank, Guaranty Trust Bank and Heritage Bank.

The judge further stated, in the ruling, an enrolled copy of which The Nation obtained yesterday, "that  by an order of mareva injunction of this honourable court, the defendant, by themselves, their directors, officers, agents, servants, privies, trustees, nominees, proxies, subsidiaries, sister companies, related companies, or otherwise any other person, natural or artificial, however called, within and outside Nigeria, are hereby restrained from giving any instruction, demanding, accepting, receiving payments and/ or transacting,  transferring, mortgaging or howsoever dealing in any manner, with assets of the defendants in both houses and land in Abuja and Lagos, and others located outside  Nigeria listed below."

The affected houses overseas include: 775 Sarbonne Road, Los Angeles; 952 North Alphine Drive, Los Angeles;  815 Cima Del Mundo, Los Angeles, 1049 Fifth Avenue, New York, 1948 & 1952 Tollis Avenue, Santa Barbara; 157 West 57th Street, New York, 4100 Le Reve, Dubai ;  and Grove End Road, London.

Those in Nigeria are  Avenue Towers, Lagos, Nigeria; Colina D'oro, Montagnola, Switzerland; Block A consisting of 26 flats at No. 46 Gerrard Road, Ikoyi, Lagos; Mason Apartments situated at No. 6 Gerrard Road, Ikoyi, Lagos comprising 60 units of three-bedroom apartments; Marion Apartments Block 8 located at 4 &5 Onikoyi Estate, Banana Island, Ikoyi, Lagos consisting of 43 units of apartments; 334 Cooper Road, Ikoyi, Lagos; 8 Gerrard Road, Ikoyi, Lagos.

Also listed are plots of land identified as "807 Cima Del Mundo and Mont Tremblant, Canada." Also affected by the order are asset listed in court documents as "other holdings." They include:  "Galactica Star (Yacht); 20 year berth lease – Barcelona; Watch collection; Car collections (58 vehicles); Aeroplane-Global Express S5-GMG; Aeroplane-Bombardier Global 6000 9H-OPE and Aeroplane Bombardier."

Justice Oguntoyinbo directed the service of the orders on parties affected, "including and in particular, the persons listed In Re: 1 – 34 on the face of the motion paper by way of substituted means to wit: advertisement in newspapers circulating within and outside the Federal republic of Nigeria.

The judge ordered that the defendants be put on notice of the pending motion on notice for an interlocutory order of mareva injunction and adjourned to June 13, 2016 at 1pm for hearing of the pending motion.

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