THURSDAY MAY 12, 2016 • T H I S D AY
60
CRIME&PUNISHMENT
Adegboruwa: Firm Links EFCC Arrest to Tompolo, Jonathan’s Cousin Chiemelie Ezeobi The law firm of the fiery lawyer and human rights activist, EbunOlu Adegboruwa, has described his arrest by the Economic and Financial Crimes Commission (EFCC) as persecution. The firm linked the arrest to his brief from Chief Government Ekpemupolo (Tompolo) and Mr. Azibaola Robert, cousin of the former President, Dr. Goodluck Jonathan. In a statement signed and released by Adegboruwa and company, Kogun Chambers, the firm said Adegboruwa has no fraud case to answer, rather was also being ‘persecuted’ for his hard stance against the President Muhammadu Buhari’s administration. According to the firm, “the truth is that the five-bedroom duplex in Nicon Town Estate, Lekki, which the EFCC said was a forfeited property, was owned by one Mr. Jonathan Udeagbala. The statement read: “The above transaction took place ever before the Buhari administration. Ebun-Olu Adegboruwa has been receiving unofficial complaints from the EFCC about his opposition to
the Buhari administration and has never been daunted with the threat. “But the threats became more rampant upon his brief in the case of Tompolo and especially Mr. Azibaola Robert, cousin of former President Jonathan. “On May 4, 2016, our firm appeared in Tompolo’s case at the Federal High Court, Lagos and May 4, 2016, our firm filed a suit in court, for the release of Jonathan’s cousin. “On May 5, 2016, EFCC filed a case against Adegboruwa. So, there is no fraud case against Adegboruwa. He is being persecuted for speaking against the Buhari regime. “There is no way a criminal case can be maintained against Adegboruwa as the criminal case upon which the case is based has been dismissed. “Adegboruwa did not collect money for any property but acted as a mediator for settlement and he acted upon the lawful instructions of his client.” Explaining the facts of the transaction they said: “In or around May 2013, our law firm was approached by one Mrs. Sylvia Udeagbala, to represent her husband in a criminal case. In our first appearance in court,
it transpired that the complainant in the case, Chief Leonard Okafor and the defendant, Mr. Jonathan Udeagbala, were from the same town. “It was thus decided to settle the case amicably out of court, and the court and the prosecutor were so informed. He had a business agreement with Okafor, for telecommunications. “The business didn’t go as planned, so Okafor demanded a refund of his investments, which caused Mr. Udeagbala to issue several cheques, which were alleged to have bounced, hence a criminal charge was filed against him in court, in Charge No. LCD/129/2012. “Upon the intervention of our law firm, several peace meetings were held with the complainant in the case, Okafor, and it was
agreed that Udeagbala’s house in Nicon Town should be sold or leased to offset the money outstanding in favour of Okafor. “Mrs. Udeagbala then secured a tenant, Shelf Drilling Co Ltd, for a five-year lease of about N11million per annum. “This was disclosed to Okafor and it was agreed by the parties that the proceed of the lease be used to offset part of the money being claimed by Okafor, as follows: Okafor – N35million; Mr. Udeagbala – N12million; Renovation of the house by the contractor chosen by the tenant – N8million; Fee paid to the agent – N2.5million and Legal fee paid to our office – N2.5million. “The above sums were by agreement of all the parties duly disbursed, with documentary
evidence of collection. When EFCC got to know that the said property had been let out to Shelf Drilling for five years at the rate of N10million per annum, they told Shelf Drilling that the earlier money paid had been forfeited. “EFCC then asked Shelf Drilling to pay N12million per annum. A sum of N24million has so far been collected by the EFCC. In fact, we are informed that as at yesterday, May 10, 2016, the EFCC served the tenant another invoice for rent for 2016. “Part of the terms of settlement was that Chief Okafor will withdraw his petition and criminal complaint to the EFCC which he did through a letter of withdrawal written by his lawyers Atuegwu Egwuatu and Associates dated August 19, 2013, and which was received by the
EFCC on September 17, 2013. “Consequent upon the withdrawal, the criminal charge was dismissed by the High Court on December 17, 2015, in a well considered ruling delivered by Justice D.O. Oluwayemi and the EFCC is aware of this. “At all material times, our law firm was not aware of any interim order of attachment obtained by the EFCC on the property. “With the ruling of Justice D.O. Oluwayemi which has dismissed the main criminal charge, there can be no subsisting order of attachment as something cannot be placed on nothing and be expected to stand.” Meanwhile, the EFCC will today charge Adegboruwa at the Federal High Court, Ikoyi, for fraud and leasing out of the said forfeited property.
EFCC Arraigns Ex-PICOMSS Boss, Atawodi, Businessman for N600m Fraud Senator Iroegbu in Abuja The Economic and Financial Crimes Commission (EFCC) yesterday arraigned the former chairman, Presidential Implementation Committee on Maritime Safety (PICOMSS), the duo of Air Vice Marshal Saliu Atawodi (rtd), one Mr. Rabiu Hassan and his company, Hypertech Nigeria Limited, before Justice U.P Kekemeke of the High Court of the Federal Capital Territory (FCT), Abuja. The duo were docked on a three- count charge bordering on conspiracy, abuse of office and misappropriation of public funds. According to the statement from the Head, Media and Publicity, EFCC, Mr. Wilson Uwugiaren, the accused persons allegedly defrauded the government to the tune of over N600million through suspicious contracts to procure military boats. One of the counts read: ‘‘That you, AVM Saliu Atawodi (retd.), while serving as the Chairman of the Presidential Implementation Committee on Maritime Safety and Security (PICOMSS), Rabiu Hassan and Hypertech (Nigeria) Ltd on or about November 28, 2011 in Abuja within the jurisdiction of this honourable court with intent to defraud did conspire to obtain property by false pretence to wit: the sum of N620,910,0000, property of the federal government under the pretence that the money represents payment for the supply of six piece of K-38 Armoured patrol boats to Presidential Implementation Committee on Maritime Safety and Security (PICOMSS) and which pretense you knew was false.’’
After the charges were read, the accused persons pleaded not guilty to the charges when they were read to them. In view of their pleas, the prosecution counsel, Mohammed Bello, asked the court for a trial date. However, counsels to the first defendant (Atowodi), Karina Tunyan (SAN), prayed the court to grant his client bail pending his trial. Also, counsel to the second defendant, Shareef Mohammed, urged the court to grant his client bail, maintaining that the defendant, whom he described as a whistle blower, had not jumped the administrative bail granted him by the commission. The prosecution counsel, however, had filed a counter affidavit to both bail applications, stating that “I agree that the complainant granted an administrative bail to the defendants and they did not jump bail. However, it is because they do not know what they are up against and bail is at the discretion of the court. ‘‘It is true that the second defendant is a whistleblower, but the EFCC is an investigating agency; it investigates to establish a prima facie case and a prima facie case was established against the second defendant from the proof of evidence.’’ After hearing their argument and submissions, Justice Kekemeke adjourned to May 16, 2016 for ruling on the bail applications and ordered the defendants to be remanded in Kuje Prison.
NO CAUSE FOR THE ALARM
Soldiers meeting with community members after intercepting a sucide bomber in Maiduguri ...yesterday
Youths in Kano Torch Lawmakers’ Residence, Farm House over Unfulfilled Campaign Promises Political opponents burnt my house, says Gaya Police arrest 18 suspects Ibrahim Shuaibu in Kano An early morning violence erupted at Gaya Local Government Area of Kano State when youths set on fire, the residence of a three-time senator from Kano South senatorial district, Senator Kabiru Gaya. According to an eyewitness account, the rampaging youths started the demonstration at about 8.30a.m. yesterday, barricading major strategic locations leading to the town, which created heavy gridlock that prevented motorists and commuters from passing through the area. Also hit, was the constituency office, residence and poultry farm of member representing Gaya/ Ajingi federal constituency, Hon. Abdullahi Mahmud Gaya, which were also set ablaze by the irate youths. The demonstrators, according to reports, had initially planned
to stage a peaceful demonstration but were persuaded by elders in the town to shelve the idea as a result of which they took the final decision to go ahead with the demonstration which eventually turned into a violent one. A resident of the town who spoke under anonymity said he was not surprised by the turn of events in the area, considering the manner in which political office holders neglect them with impunity. The resident added that with the biting economic situation, politicians in the corridors of power must show concern for their people. “Senator Gaya is one of the politicians we have and has not been living up to our expectations. For almost ten years now, nobody can point out a single project he had executed in Gaya town. So I am not surprised at what had happened today,” he said. A resident of another consistency
said: “The problem we are facing is the acute scarcity of drinking water. Our children have to trek to far distances of about five kilometres to fetch water. Our unemployed youth are still battling to survive and to me, the demonstration was not surprising.” It was also observed that local influential figures in the area have to scamper for safety for fear of attack. However, Gaya has accused his political opponents of sponsoring the ‘hoodlums’ that burnt his house. Speaking with THISDAY on phone from the United States, Gaya said he was still at a loss with the action of the youths, noting that he transformed his constituency by providing basic infrastructure and as such don’t deserve the harrowing treatment. Senator Gaya said he built dispensaries, schools and boreholes among others for his constituents over the years, stressing that what happened was simply the handiwork
of his political opponents. “ Two weeks ago, I was there, I engaged most of them and I have assisted many unemployed youth to secure jobs. I have built hospitals, schools, provided boreholes among others for my people. I don’t believe my people can do this to me, I’m suspecting political opponents who want to get at me.” he stated. Meanwhile, the Kano State Police Command has confirmed the arrest of 18 suspected rampaging youths believed to have been involved in the riot that led to the torching of the residence and farm house of Gaya and House of Representatives member, Abdullahi Mahmud Gaya. The spokesman of the police police, Musa Magaji Majia, said the youths also attempted to burn the secretariat of Gaya Local Government. According to him, the police also identified five ring leaders of the attack, adding that the operatives had began to trail them.