News
Ex-Minister Diezani in court to recover seized assets
Former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, has asked a Federal High Court, Abuja, to vacate an order granted to the Economic and Financial Crimes Commission (EFCC) for final forfeiture of her seized assets.
Alison-Madueke sought an order extending the time within which to seek leave to apply to the court for an order to set aside the EFCC’s public notice issued to conduct the public sale on her property.
The anti-corruption agency had planned to conduct a public sale of all assets seized from Alison-Madueke beginning from Jan. 9 as contained in its public notice following various court judgments/orders issued in favor of the commission as final forfeiture orders against property and personal effects of the former minister.
But in the motion marked: FHC/ABJ/CS/21/2023 dated and filed Jan. 6 by her lawyer, Chief Mike Ozekhome, SAN, before Justice Inyang Ekwo, the ex-minister sought five orders from the court.
While Alison-Madueke is the applicant, the EFCC is the sole respondent in the suit.
The former minister who argued that the various orders were made without jurisdiction, said these “ought to be set aside ex debito justitiae.”
She said she was not given fair hearing in all the proceedings leading to the orders.
“The various court orders issued in favor of the respondent and upon which the respondent issued the public notice to conduct a public sale of items contained in the public notice most of which court the interest of the applicant were issued in breach of the applicant’s right to fair hearing as guaranteed by Section 36 (1) of the 1999 Constitution, as altered, and other similar constitutional provisions,” she said.
She argued that she was neither served with the charge sheet and proof of evidence in any of the charges nor any other summons howsoever and whatsoever in respect of the criminal charges pending against her before the court.
She further argued that the courts were misled into making several of the final forfeiture orders against her assets through suppression or non-disclosure of material facts.
“The several applications upon which the courts made the final order of forfeiture against the applicant were obtained upon gross misstatements, misrepresentations, non-disclosure, concealment, and suppression of material facts and this honorable court has the power to set aside same ex debito justitiae, as a void order is as good as if it was never made at all.
“The orders were made without recourse to the constitutional right to fair hearing and right to property accorded the applicant by the constitution.
“The applicant was never served with the processes of court in all the proceedings that led to the order of final forfeiture,” she said, among other grounds given.
But the EFCC, in a counter affidavit deposed to by Rufai Zaki, a detective with the commission, urged the court to dismiss Alison-Madueke’s application.
Zaki, who was a member of the team that investigated a case of criminal conspiracy, official corruption and money laundering against the ex-minister and some other persons involved in the case, said investigation had clearly shown that she was involved in some acts of criminality.
He said Alison-Madueke was therefore charged before the court in charge no: FHC/ABJ/CR/208/2018.
“We hereby rely on the charge FHC/ABJ/CR/208/2018 dated 14th November 2018 filed before this honorable court and also attached as Exhibit C in the applicant’s affidavit,” he said.
The EFCC operative, who said he had seen the ex-ministers motion, said most of the depositions were untrue.
He said contrary to her deposition in the affidavit in support, most of the cases which led to the final forfeiture of the contested property “were action in rem, same were heard at various times and determined by this honorable court.”
He said the courts differently ordered the commission to do a newspaper publication inviting parties to show cause why the said property should not be forfeited to the Federal Government before final orders were made.
Zaki argued that one Nnamdi Awa Kalu represented the ex-minister in reaction to one of the forfeiture applications.
“We humbly rely on the judgment of Hon. Justice I.LN. Oweibo dated 10th September 2019 shown in Exhibit C of the applicant’s affidavit,” he said.
The officer said that contrary to her, the final forfeiture of the assets which were the subject of the present application was ordered by the court in 2017 and that this was not set aside or upturned on appeal.
According to him, the properties have been disposed of through due process of law.
Upon mentioning the matter on Monday, Alison-Madueke’s counsel, Oluchi Uche, told Justice Ekwo that they were just been served by the EFFC on Friday and they would need time to respond to the counter affidavit.
Farouk Abdullah, who appeared by the anti-graft agency, did not oppose and the judge adjourned the matter until May 8 for a hearing.
Alison-Madueke was Nigeria’s Petroleum Minister during President Goodluck Jonathan’s administration.(NAN)
News
Shettima away to Texas for US-Africa Business Summit
Shettima away to Texas for US-Africa Business Summit
Vice-President Kashim Shettima has travelled out to Texas, United States, for the 2024 US-Africa Business Summit.
The 16th US-Africa Business Summit is scheduled for May 6-9, 2024, in Dallas, Texas, a landmark event with the theme ‘US-Africa Business: Partnering for Sustainable Success’.
A statement issued by the Senior Special Assistant to the President on Media and Communications, Stanley Nkwocha, the Vice President would join other political and business leaders from Africa, the US, and beyond for high-level dialogues, networking sessions and plenaries.
Other African leaders expected at the summit are Presidents Joseph Boakai of Liberia, Lazarus Chakwera of Malawi, Joao Lourenço of Angola, Mokgweetsi Masisi of Botswana, José Maria Neves of Cabo Verde, and Deputy Prime Minister Nthomeng Majara of Lesotho.
Shettima is expected to speak at various sessions, including the Roundtable on African Infrastructure Investment and a plenary session on Navigating Africa’s Energy Future.
He is also scheduled to speak on a high-level panel on agribusiness, focusing on transiting “from food insecurity to thriving agribusinesses”.
He will chair a session promoting the ‘Invest in Nigeria’ initiative and attend other meetings and engagements on the sidelines of the summit.
Shettima, who is expected to return to Nigeria at the end of his engagements, travelled at a time President Bola Tinubu is also out of the country since April 23.
News
SERAP sues Wike, 36 govs over N5.9tn, $4.6bn loans
SERAP sues Wike, 36 govs over N5.9tn, $4.6bn loans
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Nigeria’s governors and the Minister of the Federal Capital Territory, Abuja, Mr Nyesom Wike “over their failure to account for N5.9 trillion and $4.6 billion loans obtained by their states and the FCT, and to publish copies of the loan agreements, including details and locations of projects executed with the loans.”
The suit followed the disclosure last month by Governor Uba Sani of Kaduna State that the immediate past administration of Nasir El-Rufai left $587m, N85bn debt and 115 contractual liabilities, making it impossible for the state to pay salaries.
In the suit number FHC/ABJ/CS/592/2024 filed last Friday at the Federal High Court, Abuja, SERAP is asking the court to “direct and compel the governors and Mr Wike to account for N5.9trn and $4.6bn loans obtained by their states and the FCT and to publish copies of the loan agreements, location of projects executed with the loans.”
SERAP is also asking the court to “direct and compel the governors and Mr Wike to invite the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to investigate the spending of all the loans obtained to date by their states and the FCT.”
In the suit, SERAP is arguing that “It is in the public interest to grant the reliefs sought. Nigerians have the right to see and scrutinise the loan agreements and know the details of how the domestic and external loans obtained by the governors and FCT minister are spent.”
According to SERAP, “Opacity in the spending of the loans obtained by the governors and Mr Wike would continue to have negative impacts on the fundamental interests of the citizens.”
SERAP is also arguing that, “Many states and the FCT are reportedly spending public funds which may include the loans obtained by them to fund unnecessary travels, buy exotic and bulletproof cars and generally fund the lavish lifestyles of politicians.”
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SERAP is also arguing that, “Many states and the FCT are also allegedly mismanaging public funds which may include domestic and external loans obtained from bilateral and multilateral institutions and agencies.”
According to SERAP, “Many states and the FCT reportedly owe civil servants’ salaries and pensions. Several states are borrowing to pay salaries. Millions of Nigerians resident in the state and FCT continue to be denied access to basic public goods and services such as quality education and healthcare.”
According to SERAP, “Transparency in the spending of the loans obtained by the states and FCT is fundamental to increase accountability, prevent corruption, and build trust in democratic institutions with the ultimate aim of strengthening the rule of law.”
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi and Ms Valentina Adegoke, read in part: “States and the FCT should be guided by transparency and accountability principles and proactively account for the loans obtained and publish copies of the loan agreements.”
“Widely publishing copies of the loan agreements and spending details of the loans obtained would ensure that persons with public responsibilities are answerable to the people for the performance of their duties in the management of public funds.”
“State governors and Mr Wike cannot hide under the excuse that the Freedom of Information Act is not applicable to their states and the FCT. The legal obligations to publish the information sought are also imposed by the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.”
“According to Nigeria’s Debt Management Office, the total public domestic debt portfolio for the country’s 36 states and the Federal Capital Territory is N5.9 trillion. The total public external debt portfolio is $4.6 billion.”
“The domestic and external loans obtained by the states and the FCT are vulnerable to corruption and mismanagement. The states and FCT have a responsibility to ensure transparency and accountability in how any loans obtained by the states and FCT are spent, to reduce vulnerability to corruption and mismanagement.”
“Directing and compelling the states and FCT to publish copies of the loan agreements would allow Nigerians to scrutinise them, and promote transparency and accountability on the spending of public funds including the loans obtained.”
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“Providing and widely publishing the details of the spending of the domestic and external loans obtained by the states and FCT would enable Nigerians to effectively and meaningfully engage in the management of the loans.”
“The constitutional principle of democracy also provides a foundation for Nigerians’ right to know the details of loan agreements and how the loans obtained are spent. Citizens’ right to know promotes openness, transparency, and accountability that is in turn crucial for the country’s democratic order.”
“The effective operation of representative democracy depends on the people being able to scrutinize, discuss and contribute to government decision making, including on the spending of loans obtained by the states and FCT.”
“To do this, they need information to enable them to participate more effectively in the management of public funds by their state governments and the FCT.”
“The public interest in obtaining information about expenditures relating to the loans obtained by the states and FCT outweighs any privacy or other interest.”
“The oversight afforded by public access to such details would serve as an important check on the activities of the states and FCT and help to prevent abuses of the public trust.”
“There is a significant risk of mismanagement or diversion of funds linked to loans obtained by state governments and the FCT. The accounts of Nigeria’s 36 states and the FCT are generally not open to public scrutiny.”
“The Nigerian Constitution, human rights and anticorruption treaties to which Nigeria is a state party also impose obligations on the states and FCT to prevent mismanagement or diversion of public funds including the loans obtained.”
“Many years of allegations of corruption and mismanagement of public funds including the loans obtained by the states and FCT have contributed to widespread poverty, underdevelopment and lack of access to public goods and services.”
No date has been fixed for the hearing of the suit filed by SERAP.
SERAP sues Wike, 36 govs over N5.9tn, $4.6bn loans
News
Just in: List of ex-governors under probe over N2.187tn fraud fabricated, says EFCC
Just in: List of ex-governors under probe over N2.187tn fraud fabricated, says EFCC
The Economic and Financial Crimes Commission (EFCC) has denied releasing a list of ex-governors being investigated for alleged corruption.
It described the list currently being circulated as a mere fabrication and urged members of the public to ignore it.
This was disclosed in a statement by Dele Oyewale, EFCC’s head of media and publicity.
It declared the report published by some media as “false and mischievous”.
The EFCC Press Statement
List of Ex- Govs Under Investigation for Alleged Corruption Not From EFCC
The Economic and Financial Crimes Commission, EFCC, feels obliged to dissociate itself from a phantom report circulating in sections of the media claiming it has released a full list of ex- governors being investigated for alleged corruption.
The report headlined: “EFCC Releases Full List of 58 Ex-Governors that Embezzled N2 .187 Trillion”, in one of the news outlets, is false and mischievous as the Commission neither issued the said list nor entertained discussions on investigation of ex-governors with any news medium.
This invariably means that the so-called list is a disingenuous fabrication designed to achieve motives known only to the authors.
The public is enjoined to ignore the report as it is false and misleading.
The media is advised to endeavour to crosscheck facts pertaining to matters under investigation with the Commission to avoid misleading the public with false and inaccurate reports.
Dele Oyewale
Head, Media & Publicity
May 5, 2024
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