Does the EFCC have the balls to nail 15 ex-governors and recover over N108.2 billion for Nigeria?

The Economic and Financial Crimes Commission (EFCC) for some years now has been hunting some of the ex-governors who allegedly misappropriated public funds while in office.

Watchers of white collar crimes have often accused the EFCC of having more barks than bites.

Even as the trials of these ex-governors continue, one can’t help but wonder and ponder on the reasons behind their prolonged trials.

Is it possible the evidences against these governors are shaky or just the weak judicial system as often claimed by the EFCC.

Right now, Nigerians are now waiting to see who will blink first between the EFCC and governors as the meet in are bound to meet in series of court trials.

In the past few years, nothing short of 15 ex-governors had been arraigned in court.

And another set of 20 governors, though presently now still serving, are alleged to soon to join the bandwagon, even though the last set of  ex-governors are yet to be convicted. One wonders how many of the cases the courts can keep up with.

Presently, the EFCC is just waiting for the serving governors to finish their tenures, lose their immunity clause before swooping on them like fleas on dogs.

A quick look at some of the governors who had been arrested and charged to court so far by EFCC.

1. Ex- Gov Orji Kalu(Abia State) was first arraigned before an Abuja High Court on July 27, 2007, on a 107 count charge of money laundering, official corruption and criminal diversion of public funds totalling over five billion naira. Senator Uche Chukwumerije and a traditional ruler, Eze Gaius Ihejiamaizu, on November 25, 2010, asked an Abuja Federal High Court, to discharge them as sureties to former Abia governor, Orji Uzor Kalu who is being prosecuted by the Economic and Financial Crimes Commission, EFCC. Case got to Supreme Court and is back to the FHC for trial.

2. Ex- Gov Ayo Fayose(Ekiti State) was on November 22, 2012 re- arraigned over a N416, 138, 360.75 scam before Justice Hobon of the Federal High Court, Ado-Ekiti division. Proceedings have been adjourned to January 24, 2013.   He was first arraigned in 2007 before a Federal High Court, Lagos.

3. Ex-Gov Rev Jolly Nyame(Taraba State)  Jolly Nyame, was first arraigned by EFCC on July 13, 2007, on a 41-count charge of stealing, criminal breach of trust, diversion of public funds, bribery and misappropriation of funds to the tune of N5.5 billion belonging to Taraba State government.

The ex-governor immediately sought to quash the charges against him as he filed an application on October 10, 2007 claiming there was no prima-facie case against him and that the court lacked jurisdiction to try him. But Justice Adebukola Banjoko dismissed the application for lacking in merit.

However, Nyame proceeded to the Appeal Court, which equally dismissed the application on February 24, 2010. He further went to the Supreme Court to seek the same relief. Upholding the ruling of the lower court, the Supreme Court, in its ruling read by Justice Olufunlola Oyelola Adekeye, said that the FCT High Court has jurisdiction to try Nyame

 

4. Ex-Gov Boni Haruna (Adamawa State) was at a Federal High Court sitting in Abuja and presided by Justice Adamu Bello. On November 15, 2012, the court dismissed the application of the former governor and three others to quash the 28 count charges of fraud and embezzlement of public fund to the tune of N100m preferred against them. The case has been transferred to Adamawa state judiciary.

An initial eight count charge had been filed against Haruna and others when they were first arraigned in 2008.

 

5. Ex-Gov Joshua Dariye (Plateau State) The EFCC had since February 2006 arraigned Dariye and six others before Justice Banjoko of the Abuja High Court for allegedly embezzling the sum of N700 million state funds. The case has suffered several setbacks as it got to the SCN and it has been returned to high Court for trial. Next adjourned date is Dec 4 & 5, 2012

 

6. Ex-Gov Danjuma Goje (Gombe State) The absence of former governor of Gombe State, Danjuma Goje in court on November 8, 2012 stalled hearing in the 18 count charge of Conspiracy and Money Laundering instituted against him and four others: Alhaji Aliyu El –Nafarty (former Chairman Gombe State Universal Basic Education Board), Alhaji Sambo Mohammed Tumu and S.M. Dakoro (a businessman), by the Economic and Financial Crimes Commission.  Trial is on-going. Next adjourned date is Jan 22, 23, 2013 they were first arraigned in October 2011.  

 

  7. Ex- Gov Aliyu Doma (Nassarawa State) was for re-arraignment denovo following the transfer of the former judge. Next adjourned date is Dec 10, 2012

He was docked on October 18, 2011 on a 17 count criminal charge of laundering stolen state funds totaling over N15 billion. He was arraigned along with Senator John Dangoyi, Hon. Abdulmumin Jibrin, Timothy Anthony Anjide, Dauda Egwa, Suleiman Ibrahim, Broworks Ltd and Green Forest Investment Ltd while charges filed against two other accused, John Aigbakhode and Incapint Nig Ltd who are still at large were stepped down.

 

8. Ex-Gov. Abubakar Audu (Kogi State) The trial of the fraud case is at Kogi State high Court. Owing to failure of the high court to hands off the case as demanded by the prosecution, the case went to Supreme Court and on November 23, 2012, the EFCC recorded a major victory when the Supreme Court, in a landmark ruling, dismissed the ex-governor’s appeal, thereby clearing the way for his fresh arraignment.

Abubakar Audu was originally arraigned on November 30, 2006 on an 80-criminal count charge of fraud and embezzlement of public fund to the tune of over N4 billion while he was governor of Kogi State between 1999 and 2003.

The charge suffered several setbacks as he had thrice proceeded to the apex court and returned to the High Court of Kogi State where his trial is on-going before Justice Saidu Tanko Hussein

9. Ex-Gov. Abdullahi Adamu (Nasarawa State) The EFCC, on March 3, 2010, arraigned former Governor of Nasarawa State, Alhaji Abdullahi Adamu alongside 18 others on a 149 count charge before Justice I.M. Buba of Federal High Court, Lafia, Nasarawa State for allegedly looting the state treasury to the tune of about N15 Billion during Adamu’s eight year stay as governor of Nasarawa State.

The case has suffered setback following an appeal by the accused on the application to quash their charges. Case presently at the Court Of Appeal, Makurdi, it has been adjourned sine die.

 

10. Ex- Gov Gbenga Daniel(Ogun State) Justice Folasade Ojo of an Abuja High Court, on October 10, 2012, dismissed a suit filed by former Ogun State, Governor Gbenga Daniel, demanding N200 million from the Economic and Financial Crimes Commission, EFCC, for unlawful detention. Daniel had urged the court to declare that his arrest and detention by operatives of the EFCC from October 6 to 12, 2011, at the Asokoro Headquarters of the commission as unconstitutional and a violation of his right to freedom of movement. Trial is on going in the substantive suit.

Daniel was re-arraigned on April 16, 2012 by the EFCC on a 38 count charge which borders on misappropriation of fund amounting to over N200 million, criminal breach of trust and abuse of office while he held sway as governor of Ogun State.

  11. Ex- Gov Attahiru Bafarawa (Sokoto State) Justice Bello Abbas of the Sokoto State High Court, who presided over the N15 billion corruption suit against former Sokoto State governor, Alhaji Attahiru Bafarawa and 15 others by the Economic and Financial Crimes Commission, EFCC, on November 27, 2012, admitted in evidence, the memorandum of understanding (MoU) for the state and local governments joint account, signed between the state government and 23 local council chairmen in the state. Next adjourned date is Feb 13 and 14, 2013

Bafarawa who was arraigned on December 16, 2009, by the EFCC, before Justice Abbas on a 47-count charge for breach of trust, misappropriation of public funds and money laundering to the tune of about N15 billion.

 

12. Ex-Gov Saminu Turaki (Jigawa State) was arraigned on July 16, 2007 before a Federal High Court Abuja on a 32 count charge bordering on diversion of public funds and money laundering to the tune of N36billion.

 

13. Ex-Gov Rasheed Ladoja (Oyo State) former governor of Oyo State faces a 33 count charge of stealing to the tune of N6billiuon. He was arraigned on August 28, 2008.

14. Ex-Gov Chimaroke Nnamani (Enugu State). He was accused of embezzling N5.3billion and arraigned before a Federal High Court, Lagos on a 105 count charge on December 11, 2007.

 

15. Ex-Gov Michael Botmang (Plateau State). He was arraigned on a 31 count charge for alleged theft of N1.5billion in 2008.

16. Ex-Governor Alao Akala-(Oyo State).  N11.5bn misappropriated funds was leveled against former governor of Oyo State, Otunba Adebayo Alao-Akala and two others.

17. Ex- Governor Timipre Silva-(Bayelsa State) EFCC formally instituted criminal charges against former governor of Bayelsa State, Timipre Sylva, for laundering close to N6.46 of funds belonging to Bayelsa State.
The charges filed by EFCC prosecuting attorney Festus Keyamo accused Mr. Sylva of money laundering, conversion and obtaining by false pretense.

The anti-graft agency had in a suit number HC/ABJ/CR/23/2012, claimed that Sylva and others now at large, committed the offence between October 2009 and February 2010.

The former governor and others were accused of fraudulently obtaining N4 billion loans from Union Bank.

The loans were allegedly obtained under the guise of using it to augment workers' salaries.

The EFCC also alleged that the accused persons had in the same period converted properties and resources of the Bayelsa government amounting to N2 billion to personal use.

The accused were also alleged to have converted N380 million worth of government property through a Fin Bank account No. 221433478108 belonging to one Habibu Maigida, a Bureau De Change operator on January 22, 2010.

The EFCC further said that Sylva and his accomplices had on February 5, 2010, converted N50 million of the state's funds through a First Bank account number 6152030001946 of Enson Benmer Ltd.

The EFCC said that the offences contravened the provisions of the Money Laundering (Prohibition Act) 2004. Sylva pleaded not guilty to the six-count charge.

OTHER GOVERNORS ARRESTED, CHARGED TO COURT BY EFCC

17. Ex- Governor Diepreye Solomon Peter Alamieyeseigha-(Bayelsa State) Diepreye Alamieyeseigha was detained in London on charges of money laundering in September 2005.
Metropolitan police found about £1m in cash in his London home. Later they found a total of £1.8m ($3.2m) in cash and bank accounts. He has been found to own real estate in London worth an alleged £10 million.
He jumped bail in December 2005 from the United Kingdom by allegedly disguising himself as a woman, though Alamieyeseigha denied this claim.
Among the allegations preferred against him in the charges dated December 19, 2005, was that himself and a company, Solomon & Peters Ltd, between October 1999 and December 2003, converted £241 million (N60.7billion) from Lagos to London to buy the properties at a Flat 202 Jubilee Heights, Shoot Uphill London NW23 UQ.

Seven other companies that are to be tried alongside Alamieyeseigha are, Solomon & Peters Ltd, Santolina Investment Corporation, Pesol Nigeria Ltd, Salomein and Associates (Nig) Ltd., Kpedefa Nigeria Ltd, Jetty Properties Ltd and Herbage Global Services Ltd.

Alamieyeseigha and Herbage Global Services Ltd were also alleged to have between January 2005 and September 2005, in the Lagos judicial division of the Federal High Court, converted the sum of N1.5billion to buy a property known as Chelsea Hotel, Abuja.
On July 26, 2007, Alamieyeseigha pleaded guilty before a Nigerian court to six charges and was sentenced to two years in prison on each charge; however, because the sentences were set to run concurrently and the time was counted from the point of his arrest nearly two years before the sentences, his actual sentence was relatively short.
On July 27, just hours after being taken to prison, he was released due to time already served.
 18. James Onanefe Ibori-(Delta State) in 2007, the Metropolitan Police raided the London offices of lawyer Bhadresh Gohil.  Hidden in a wall behind a fireplace, was a computer hard drives containing details of a myriad of off-shore companies, run for Ibori by Gohil, fiduciary agent Daniel Benedict McCann, and corporate financier Lambertus De Boer. All of these men were later jailed for a total of 30 years.
As a result of these corruption allegations, the United Kingdom courts froze Ibori's assets there, valued at about £17 million ($35 million), in early August 2007.  On December 12, 2007, Ibori was arrested by the EFCC at the Kwara State Lodge in Asokoro, Abuja.
The charges he faced included theft of public funds, abuse of office, and money laundering. EFCC further alleged that Ibori attempted to bribe him to drop the charges with a cash gift of $15 million, which Mallam Nuhu Ribadu immediately lodged in the Central Bank of Nigeria CBN. The cash remained in the CBN as an exhibit.
On December 17, 2009, A Federal High Court sitting in Asaba, Delta State discharged and acquitted Ibori of all 170 charges of corruption brought against him by EFCC. The EFCC filed a notice of appeal against the December 17, 2009 judgment, and begun a new round of investigations Ibori, following a petition from some Delta elders.
In April 2010, about three months after the takeover of government by Goodluck Jonathan, Ibori's case file was reopened. A new allegation that he embezzled N40 billion ($266 million) was also leveled against him.
In April 2010, Ibori fled Nigeria, prompting the EFCC to request the assistance of Interpol. On 12 July 2010 the Governor of the CBN, Malam Sanusi Lamido revealed that Ibori had used Delta State as collateral for N40 billion loan when he was governor.
On 13 May 2010, Ibori was arrested in Dubai, United Arab Emirate under Interpol arrest warrants, issued from United Kingdom courts and enacted by the Metropolitan Police. Ibori was granted bail pending an extradition hearing.

19. Ex-Governor Lucky Ignedion-(Edo State). In January 2008, he was declared wanted by the EFCC on 142 counts of financial fraud. Since he was declared wanted by EFCC, the commission obtained a court warrant to arrest him for money laundering allegations.

His arrest was based on concerns allegations that he embezzled $24 million (£12m) using front companies. Igbinedion was said to have laundered the money into a personal account, using a company Gava Corporation Limited owned by his father, Chief Gabriel Igbinedion, as a front.

He handed himself over later that month. The Benin Youth Council asked for an apology for statements implying that he ran away from justice. Lucky Igbinedion was arrested over money laundering charges by the EFCC.  Igbinedion faced a 156-count charge of money laundering.

After obtaining a forfeiture order, the EFCC seized 11 choice properties belonging to Igbinedion. Igbinedion entered a plea bargaining and immediately paid his fine and went home.


Igbinedion’s trial and subsequently conviction had been condemned by many   who saw his conviction as a slap on the wrist, taking into account that the defendant was accused of a whooping sum of money and the fine in question was just a slice off the chunk of the real money he was accused of embezzling. The conviction of Igbinedion was seen as no win for the EFCC all things considered.
EFCC’s Head of Media and Publicity, Mr. Wilson Uwujaren declined to comment on this issue. Some of the questions the journalist put across to the EFCC is to know why the ex-governors’ cases are dragging. Could it be due to lack of enough evidence? Do they fear or worry that some of the cases may end like that of Ibori? What really went wrong in Ibori’s case?

Since the EFCC declined comment, the journalist proceeded to ask lawyers what they thought was responsible for the prolonged court trial of the ex-governors. Will they ever be convicted?

One of the lawyers, Dare Akande, a member of the NBA, Ikeja branch, said: “What I’ve come to realize about the EFCC we have now is that they prefer conviction on the pages of newspapers! All the ex- governors they arraigned, they’ve not convicted any. We come across several cases where they accused the judges of this and that and where the judges lambast them.

“They always accused the judiciary of delaying. They forget that it is what you bring to the judge that the judge will work on. It is the evidence you present to the court that will prove if the person is guilty or not! You don’t expect the court to go on with a case without sufficient proof. The judge was not there when you made your investigations, so you are expected to bring before the judge your investigation as proof. You don’t expect the court to convict with an insufficient proof. The EFCC always bring people to the court without proper investigation. And the next thing? You’ll see it in the news papers that this or that person had been arraigned for a million counts charge.

“They always bring over 100 count charged and it always takes them a whole day to read the charges. The next thing is for an adjournment to be made for you to bring you witnesses, but the witnesses are not forth coming and the evidence will not be there.

“The judge will now say for lack of diligent prosecution, I am striking out this matter. The next thing, the EFCC will go to the media, that the judge has collected bribe to set a person free.

“Ibori has been convicted and all of us knew what the Metropolitan Police did to make sure that Ibori was convicted. The investigation was properly done and they came to court to give evidence. Here in Nigeria, there wouldn’t be proper investigation and when it is time to give evidence in the court, the evidence wouldn’t be there! Everything will now be on the judge, as if the judge is a magician who will manufacture evidence.

“The judge can only do justice in accordance with what is before him. If the EFCC cannot proffer better evidence, there’s nothing the judge can do. That is why sometime, after the EFCC has arraigned a person, they start looking for evidence. The evidence of a case should come first before a case is brought to the court.

“But here in Nigeria, someone will be declared wanted and his arrest blown on the pages of newspapers. The next thing the person is taken to court before they will now go for the evidence, which is not proper. And they expect the person to be convicted. If the evidence is not forth coming, they’ll continue to adjourn till when they provide the evidence. That is why we still have those ex-governors still there. The ones they have, they have not done anything right with them, and they’re now talking of another set of governors. I do say, if not for a particular judge, Bode George will not have been convicted! Look at it; none of the governors have been convicted in Nigeria by the EFCC up till date!

“Imagine, they said that Igbinedion paid N5million as fine. He paid such an amount because it was agreed upon by the EFCC. What they did was plea bargaining. What they brought to the court was what the judge would make pronouncement on.

“The EFCC is the prosecutor, if they bring someone to the court and said we have agreed for the man to pay this amount, and then the charges against him would be withdrawn. I must tell you that we have problem with the EFCC right now because they only try people on the pages of news paper or in the press. After the noise, nothing happens again. Look at the case of Babalakin. They both agreed to meet in court, on Wednesday, they declared him wanted. On Thursday, the man was in court. The EFCC we have now is just doing what I call a public relation stunt!”

Another lawyer, Dele Falana said: “Personally, I think its part of the problems we are facing in the Nigerian structure. If you are in the position to prosecute a case, definitely you must have a timeline that you will say okay, let me do justice in my matter. But often times, we realize that procedural problems in terms of what to file and what not to file and the approach of the Defence to the matter itself. Bringing in application to frustrate what EFCC is doing will account greatly to some of the problem they are facing.

Q: Like in the case of Ibori now, what could have gone wrong?

Falana said: “A lot could go wrong in a matter. Like I said, if you are handling a matter, whatever evidences you intend to use against an accused person should have been made available to you while investigation was on-going into the matter. And it is when you have enough evidences, which are when you can say okay I intend to press such a charge against this person. If you don’t have enough charges against a person, why go to court in the first instance? And we are all aware in the case of ex-governor Ibori, he was not convicted here in Nigeria, he was convicted in a London court. What did they use in London court to convict him? Material evidences! Why not in Nigeria where most of these things are domiciled, the crimes he was alleged to have committed?

“So it now beholds on EFCC, on the methods they must have used to get perhaps evidence and materials they used against him. Court is not about allegation alone. They must be able to go ahead and proof these allegations being leveled against him. If they’ve not been able to do it and whereas their counterparts in other parts of the world were able to do it, then, they should look inward.”

The financial secretary of the NBA, Ikeja branch, Segun Fatoki has this to say:  His words: “I am not surprised that the ex governors’ matter keeps lingering in court. And I’m not also surprised that the EFCC has not been able to earn a single conviction. To me, the EFCC now presently constituted, cannot discharge the function of the offices its holding. We’ve had cause to go to the EFCC to secure the bail of a client. They arrested that person in Ilorin, brought him to Lagos, only for them to be saying that if we wanted to secure the bail of that person, we should go and look for someone who has landed properties in Lagos. That is someone they arrested in Ilorin. EFCC has the jurisdiction to arrest the person in Ilorin; the EFCC is now saying it has no jurisdiction to investigate the property of the surety who is in Ilorin. At the end of the day, you discovered that they were doing all this, to get their palms greased. Even at a point, a General in the army had to intervene. If you have an agency that is fighting corruption and it is embedded in corruption, are you expecting anything serious from such?

“The main reason why we have lingering corruption cases in court is because of the way and manner our investigations are being carried out. You come around investigating activities of criminals by first arresting them. You ought to have first done your own discreet investigation and come to conclusion and have sufficient evidences to charge him to court. That is what I think is responsible for the lingering cases of these ex-governors in court.

“In fact, you have one of the EFCC officials saying the defendant shouldn’t be granted bail because they are still investigating, even in court. You arraigned a person and you’re saying you are still investigating. What are you investigating after being arraigned? That is one of the main problem we have in criminal prosecution. Some of these ex-governors a good chunk of money, they can throw around. You see them hiring about 20-15 SANS to defend them for corruption cases. And our senior advocates too, who supposed to lay a good example of what healthy justice system should be and tell them that see, this is a bad case for you, even if you give me 1 billion naira, I will not defend you or touch this case, they will not do that!

“They go to court with series of application, packing the charge, bringing application that the court should grant the person bail. They will drag that matter just for their client to say they are doing something. That is the problem we have. By the time they will finish all this, they would have expended lots of time. I mean judicial time. If you know you don’t have a good case, there is no need to spend lots of time on it. As a lawyer, you are not the person who is going to defend the charge. You are just assisting the person who is being arraigned in defending the charge with your own legali. What is the problem in advising a person let’s do it this way or that way? I believe strongly that there is a need for us to reconstruct our own judicial system.”