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BY PETER NKANGA

An attempt by former Delta State Governor James Ibori Monday, to stop  the  Economic and Financial Crimes Commission (EFCC) from arresting him failed as the Federal High Court, Asaba, refused to give such an order

Mr Justice Ibrahim Buba held that “it is premature” for Ibori to bring up the case.

Ibori went to court after he was declared wanted by EFCC on April 10, praying that the anti-graft agency be restrained from arresting and trying him for an offence for which he had been acquitted.

Justice Buba held that the court lacks the power to stop a statutory agency from arresting anybody in connection with a criminal act.

According to him, the court’s intervention would only be necessary where such a body acted ultra vires.

The EFCC, he said, did not violate any law by inviting Ibori.

Justice Buba said: “It is only after EFCC has stated the reason why it declared Ibori wanted that he can be in a position to claim that he was being invited on old charges or not. But as EFCC has not stated why he was needed, Ibori cannot make such claims. Until a baby is born, you cannot tell whether the child will be a boy or a girl.”

But Justice Buba disagreed with the EFCC that the court lacks jurisdiction to hear the case.

EFCC had argued that the court lacked jurisdiction to hear the suit.

Ibori’s Media Assistant, Mr. Tony Eluemunor, said it would be wrong for EFCC to think that it has won ‘a great victory’, because this is not only obviously a pyrrhic victory, but it has come at a great price to EFCC.

He said it was clear EFCC disobeyed all known norms of investigation by declaring Ibori wanted, and failed to specify why it took that step.

Eluemunor said the judgment has given the lie to newspaper speculations that Ibori was wanted to account for Delta State shares in Oceanic Bank

Ibori, he said, was not crying wolf when he accused EFCC of persecution and not prosecution because EFCC failed to state in court why he was declared wanted.

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The  Economic and Financial Crimes Commission (EFCC) getting more active and showing greater courage, the impression that there are still fat, sacred cows strutting the grazing field of corruption is disappointing.

As the Commission vigorously investigates the Siemens bribery scandal with the interrogation of some highly placed Nigerians, it is a mockery of justice that it has no-go areas in the investigation and prosecution of perpetrators of financial crimes and corruption-related cases.

One would have expected the Commission to handle the high-profile Halliburton bribery case with its renewed vigour. But no, the Commission said last week that it would not revisit the controversial case unless it is so directed by the Presidency.

The Commission initiated the investigation of the case and had progressed it steadily, but its spokesman said it is a no-go area because ” a Presidential Committee headed by the office of Inspector-General of Police is now in charge.”

The late President Umaru Yar’Adua set up a Presidential Committee in 2007 to take the case off the EFCC. The Committee headed by the then Inspector General of Police, has EFCC Chairman, and representatives of the National Security Adviser, State Security Service and National Intelligence Agency as members.

Its terms of reference, among others, are “to establish the extent of involvement or culpability of any Nigerian in the bribery scandal and the sums of money allegedly paid out to any person in Nigeria by Halliburton as bribes in respect of the Bonny LNG Project; and to liaise with the Swiss authorities with a view to tracing and recovering any sum stashed in Swiss banks for the benefit of those involved in the Bonny Liquefied Natural Gas Project bribery scandal.”

Between then and now, while many Nigerians have been sentenced to jail or have been kept behind bars to await trials over far lesser offences; while various reports have revealed Nigerians suspected to be involved in the scandal, nothing seems to be happening.

The bribery scandal began in 1994, when the NLNG board under the chairmanship of MD Yusuf, opened bids for the award of contract for the Liquefied Natural Gas Project in Bonny, Rivers State. A consortium of four companies – Technip of France, Snamprogetti , a subsidiary of ENI SPA of Italy; Kellog of the United States later known as KBR and Japan Gasoline Corporation, which was registered as TSKJ, bid for the contract with BCSA. TSKJ is a subsidiary of Halliburton. TSKJ subsequently won the contract for $1.8 billion in September, 1994.

However, the lid over the bribery scandal that influenced the contract award to TSKJ was blown open in June, 2003. Further investigation into the Nigerian deal was opened in France in October, 2003, where it was deposed at the hearings that Jeffrey Tesler, a 60-year-old British lawyer, was the intermediary between Halliburton and the Nigerian government, who channelled the bribery money through Tri – Star Investment Limited owned by him.

All that is public knowledge now! Also of public knowledge is Tesler’s confession in court that the payments he made included two transfers amounting to $75,000 to Yusuf, then chairman of the LNG, that awarded the original contract to the consortium. His testimony showed that the bribe was used to secure Yusuf’s support in facilitating a meeting between TSKJ officials and the late Sanni Abacha.

Why Nigeria should dilly-dally with such a high profile case, with a big impact on the country’s image and its attraction as an investment destination, has become a sad statement on its anti-corruption efforts.

The long wait for justice has been made more depressing by unconfirmed reports that the Presidential Committee has indeed sent a report of its findings that implicate some highly placed Nigerians and former heads of state, to President Goodluck Jonathan.

So many people have been smeared by these reports in the public domain, and will forever remain tarred if the case remains inconclusive. That perhaps is why former President, Chief Olusegun Obasanjo, wrote to President Jonathan last month hoping that it “would bring about a decision of the Federal Government to make available to the public, the full details of the circumstances surrounding the Halliburton bribe scandal and who, if anybody, are the culprits.”

All the developments on the case are now in the glare of the world. In the interest of justice and for the image of the country, the Federal Government should move quickly to bring the case to a judicial conclusion. It should disabuse the minds of Nigerians that in these times and age, there are still sacred cows.

African Interest  reports that the Economic and Financial Crime Commission (EFCC) has concluded plans to commence the trial of the former governor of River State, Dr. Peter Odili over alleged charges of corruption and abuse of office. (more…)

The Lagos High Court under Justice Olubunmi Oyewole has found former Deputy Chairman of Nigeria’s ruling  Peoples Democratic Party , Chief Bode George  guilty of a 40 count charge of fraud and sentenced him to two and five years imprisonment without  an option of fine.

Nigeria’s anti graft agency, the Economic and Financial Crimes Commission (EFCC)  in 2008 charged Olabode Gorge and four others for contract inflation to the tune of N84 billion during Olabode’s tenure as the chairman of the Nigeria Port Authority (NPA) Board 2000 and 2003.

Olabode George is presently on his way to Ikoyi Prisons in Lagos Nigeria

The Economic and Financial Crimes Commission (EFCC) has summoned the first batch of 100 bank debtors to appear at its office in the commercial hub Lagos today in hopes of recovering some of the $2.6 billion owed to Bank PHB (BPHB.LG), Equitorial Trust Bank, Spring Bank (SPRN.LG), Wema Bank (WEMA.LG), and Unity Bank (UBPL.LG).

“Effective from today, they will need to start paying. There will be no deadline but they will have to commit to paying,” said EFCC spokesman Femi Babafemi. (more…)

EFCC hands over Chelsea hotel to Bayelsa government

The N2.8b Chelsea Hotel, Abuja seized from former Bayelsa Governor, Deprieye Alamieseigha has been handed over to Bayelsa state government by the Economic and Financial Crimes Commission, EFCC

The Hotel is one of the assets acquired with stolen money by former Bayelsa Governor, Deprieye Alamieseigha

Speaking while handing over the keys of the Chelsea Hotel to Timipre Sylva, Governor of Bayelsa State, the Chairman of the EFCC, Mrs Farida Waziri said the event has shown that crime does not pay and that stolen assets will eventually be returned to their rightful owners.

“This hand over ceremony is a time for sober reflection as it is rooted on the menace of corruption by people who have breached the trust of their people in handling the mandate of governance”, she stated.

The EFCC boss revealed that aside the hotel which was valued at N2.8 billion in 2007, another property at No 2 Matchbee Street, Off Aminu Kano Crescent, Wuse 2, Abuja will also be handed over to the Bayelsa state government.

The Commission also recovered and sold some other assets which total value stand at N3,128,230,294.80, 441,000 dollars, 7,000 Euro, and 2,000 pounds, all remitted to the Central Bank of Nigeria in accordance with the law for onward delivery to the government of Bayelsa state as ordered by a Federal High Court, Lagos in 2007.

While directing the Bayelsa government to get the detailed inventory of the hotel from the managers, Diya, Fatimilehin& Co, Waziri urged the state to utilize the assets judiciously

Responding, the Bayelsa State Governor, Timipre Sylva said the occasion was indeed solemn and calls for sober reflection.

He extolled the Chairman of EFCC and her workforce for doing a good job.

“EFCC has done creditably well and all we need to do is to utilize these assets positively.” He disclosed that his government was committed to transparency and due process promising to call for expression of interest regarding the management of the hotel in the nearest future.

Sylva, while promising to build another hotel with the profit realized from Chelsea in the next two years as a memoriam of the occasion requested EFCC to collaborate with his state on the issue of transparency.

“ We welcome your close monitoring of these assets. After all, without you we would not have this. We are fully committed to transparency” ,he assured.

                                                         By Nasir El-Rufai  
Umaru Musa Yar´Adua is Nigeria´s current President, and unless his health fails will remain the Chief Executive of Africa´s most populous country at least until 2011, and perhaps till 2015 if re-elected. Having been in office for less than two years, it may be premature to pass judgment on his leadership and governance styles.

 

 

 But there is a saying prevalent amongst Hausa speakers of Northern Nigeria, which roughly translated means: “You know that an enjoyable weekend is round the corner when things begin to look good by Wednesday, (otherwise, forget the weekend, or just pray).” (more…)

Ribadu

Capital Loss and Corruption: The Example of Nigeria

 

 

Testimony before the House Financial Services Committee

May 19, 2009

by

 

NUHU RIBADU

 

Visiting Fellow at St. Anthony’s College, University of Oxford; Visiting Fellow at the Center for Global Development; and former Executive Chairman, Economic and Financial Crimes Commission (EFCC) of Nigeria

 

Good morning, Chairman Frank, distinguished US Representatives of the Committee, and thank you for this very kind invitation to offer testimony as part of this panel.

The global financial crisis has made nothing so clear as the fact that the global economy is now highly integrated and interconnected. What effects one corner of the globe will reach to all other corners, and the lack of proper regulation and oversight in one place can undermine stability far away. (more…)