Kwara State Association of Nigeria, North America (KSANG.ORG)

Vanguard

Ilorin – Tragedy struck weekend in Ilorin when a 37 years old Carpenter, Kamaldeen Salawu and his 19 years old apprentice, Jamiu Rahman suffocated to death in a soak-away.

The incident which occurred at Ile Jamada Compound in Adabata area of lwara state capital elicited weeping and wailing in the area when the lifeless bodies of the duo were brought out from the soak-away.

Eye witness account told Vanguard that  they both fell into the pit and  died while trying to remove planks from a newly constructed soak-away.

One  Baba Salawu who spoke with newsmen said that the late carpenter Kamaldeen Salawu was contracted by one man in Ile Jamada to help him prepare planks for the construction of a new soak-away in his house.

He said that on Friday, the carpenter and his apprentice told him that they were going for their daily job, but they did disclose their destination until later in the day when their family members were looking for them to come and break their fast.

“After all efforts were made to locate them, the man who contracted them to work for him later discovered on Saturday their lifeless bodies in a soak-away” he said.

Meanwhile the spoke person of kwara state Police Command, Mr. Dabo Ezekiel confirmed the incident saying that the police have swung into action to unravel the tragedy.

It takes much more than passion to sanitise a society, although it helps to be passionate. You need institutions. Institutions are built through policies, laws and regulations. Without policies, laws and regulations, all efforts at cleansing a society end up as isolated and even personal wars 

There is a new sheriff in town. Sanusi Lamido Sanusi, governor of the Central Bank of Nigeria, opened a can of worms a couple of weeks ago. The wriggling worms of mago-mago in the banking system did not make a pretty sight. But they tell us all we need to know about our financial institution and the wuru-wuru character of our celebrated billionaires.

It is hardly a surprise that our banking system is, well, on the other side of beautiful. We knew. There is just no way that our banks would be a sparkling island of probity in the murky sea of corruption, lies and deceit. To which we are effectively inured. To expect something better in that system is to expect too much. And in this country, you do learn not to expect too much.

Sensational news media reports about the men and women being hunted by EFCC give us some odd pleasure. When big men kiss the dust, small men gleefully drink to it. So, why is yours sincerely not part of the celebration of the imminent fall of the billionaires and the whizz-kid bankers who have won every prize worth winning at home and abroad?

Let me tell you. This is a bubble. And it too shall pass away. The celebrated arrests, the stuff of press sensationalism, amount to a noisy nonsense. Mark my words. I am not wallowing in cynicism. I base my view on where we are after years of our fitful struggle to make Nigeria a great nation and the Nigerians good people.

Rewind the clock back to January 15, 1966, the military intervention and the promise that it was a watershed in our struggle for a corruption free nation. The ten percenters would be replaced by no per centers. In nearly 30 years of corrective military rule, nothing was corrected. The ten percenters became 110 percenters. And their pikins multiplied – even in the barracks. Hence, this.

Take the late General Murtala Muhammed and the sensationalism that attended the punishment he dished to former military governors who soiled their uniform with filthy lucre. In good time, their ranks were restored to them along with the return of property seized from them. It was a bubble.

General Muhammadu Buhari locked up Shagari and his ministers and sent several of them to jail. In time, they walked out of jail and soon became the shakers and movers of our national politics. It was a bubble.

The late General Sani Abacha locked up managing directors and chairmen of failed banks. In time, they regained their freedom and whatever was taken away from them was given back to them. I dare say some of them are the current whizz-kids in our banks and other financial institutions. It was a bubble.

Nuhu Ribadu served notice that most of the governors had dipped their hands in the public till. He waited for them to finish their terms in office. At least five of them were taken to court to tell the world something about their stupendous wealth. We have waited in vain to know those who used their exalted positions to take food from the mouths of the hungry poor. It was a bubble.

In 2003, Commonwealth heads of state and government were entertained to the much-publicised dismissal of two ministers by Obasanjo on allegations of corruption. They were taken to court. We thought the war on corruption had entered a serious mode. It was a bubble.

In 2005, a minister and a senate president lost their job on allegations of bribery and corruption. They were charged in court. What happened next? It was a bubble.

President Umaru Yar’Adua dismissed two ministers in January 2008 for helping themselves to a Christmas bonus they did not earn. They were charged in court along with some directors of the ministry. What happened next? It was a bubble.

I am sure Sanusi is passionate about cleaning up the banking system. He needs all the support he can get. I am not bothered about the primitive motives imputed to what he is doing. Nigerians do not believe that Nigerians can do anything without some ulterior motives. Still, two things bother me about the current war that might end up pauperising some of our celebrated wealthy men.

Passion alone cannot win this war. It takes much more than passion to sanitise a society, although it helps to be passionate. You need institutions. Institutions are built through policies, laws and regulations. Without policies, laws and regulations, all efforts at cleansing a society end up as isolated and even personal wars. This is why past efforts raised public hopes but ended as bubbles. A few days of publicity and a few minutes of exposure and we settle back into the routine of watching the rich get richer and poor, poorer. We do not have the kind of institution we need now. So Sanusi stands the risk of being, if you would excuse a hackneyed expression, a flash in the pan. My worry number one.

A bank loan is a private matter between the lender and the borrower. All such loans are supposedly given on conditions stipulated by the lender and fulfilled by the borrower. The problem, of course, is that the big lenders and big borrowers ignore any conditions attached to their loans. Collaterals are either not given at all or they are far below the value of the loans. In the end, the loans do not perform and the money is not repaid. And because the lenders almost always compromise themselves, their loans are written off as bad loans. Bad loans are now known as toxic loans. Gallows humour?

The problems of the banks centre on toxic loans. I can understand why Sanusi is angry. He should be. These big borrowers brought down banks in the past. They are doing so even now. I wonder if he is not butting his head against a rock. The courts are not passionate institutions. Will they admit EFCC as the right and proper institution for recovering bank loans and, therefore, competent to give deadlines for full repayment? Not likely.

My worry number two.

Vanguard

By Innocent Anaba, Emeka Mamah,  Abdulwahab Abdulah & Emma Ovuakporie
ABUJA—The Economic and Financial Crimes Commission, EFCC has declared the Chairman, Abuja Chamber of Commerce and Industry, Mr. Dele Oye and Mrs. Nananshettu Bedell, claimed by the commission as associates of the former Managing Director of Oceanic Bank, Mrs Cecilia Ibru, wanted in connection with the on-going investigation in the banking sector.

Meanwhile, if EFCC were to honour its words, all the bank executives in its custody will today be arraigned before a Federal High Court in Lagos to face various charges.

Ibru associates

In a statement issued and signed by Head,  Media and Publicity, Mr Femi Babafemi of the anti graft agency said: “Both suspects who are close associates of the former MD/ CEO of Oceanic Bank, Mrs. Cecilia Ibru are wanted for offences bordering on conspiracy, aiding and abetting, and money laundering  running into billions of naira.”

The anti-graft agency said the suspects were declared wanted after all efforts to get them to honour its invitation failed.
“The Commission enjoins anyone with useful information that could lead to their arrest to contact any of its offices in Abuja , Lagos , Kano, Gombe, Port Harcourt and Enugu,” it added.

EFCC to arraign bank chiefs

Vanguard gathered that the commission had already drafted the charges.
In a telephone chat yesterday, EFCC spokesman, Mr Femi Babafemi said that the commission will approach the court to formally file the charges against the bank chiefs . He, however, noted that if the process was completed on time, the anti-graft body will bring them to court today.

While confirming that none of the detained bank officials has been released, said “all of them are still with us, though we made no arrest or none of those on wanted list appeared.”

Babafemi, who confirmed that the stage is set for the officials to be arraigned said “ as I am talking to you, the stage is set for their arraignment. The papers (charges) will be filed tomorrow (Monday) in court. They will be arraigned immediately after the charges are filed at the Registry if the court would be ready and willing to take them, if there is time. If not, that means they will be arraigned on Tuesday.”

Asked about the number of those to appear in court, the EFCC spokesman said all of them will be charged to court. He was however, silent on the fate of those that have been granted bail by the high court.

Intercontinental Bank non-executive directors petition EFCC over non-release

Meanwhile, the non-executive directors and members of Board of Directors of Intercontinental Bank Plc who were ordered released by a Lagos High Court, have petitioned the EFCC over their continued detention, despite a clear order of the court that they should be released on bail.

Justice Bukola Adebiyi of a Lagos High Court, had last week, ordered the EFCC to release forthwith on bail and on reasonable terms Dr. Raymond Obieri (Chairman), Chief Samuel Adegbite, Mr. Chris Alabi, Mrs Toyin Philips, Mr. Bayo Dada, Elder Sanni Adams, Engr. Hynacinth Enuha, Alhaji Isyaku Umar and Mrs Sienye Lulu-Briggs.

Prof  Gabriel Olawoyin (SAN), counsel to the nine non-executives, in the petition said “following your commission’s refusal to release the applicants on bail on August 24, 2009, we were constrained to seek the leave of the High Court of Lagos, to enforce their fundamental rights to personal liberty on August 26.

“The court ordered your commission to admit the applicants to bail and release them forthwith from detention upon provision of each of two sureties, amongst other conditions. On August 27, several attempts were made by plaintiff of court to serve the said order, but to no avail. On the first occasion, the responsible officer requested for a copy of the application filed in court and when the bailiff returned, the officer refused to accept service.

“We therefore request that our client be admitted to bail on terms as stipulated by a duly constituted court of law with jurisdiction to grant the orders. For the avoidance of any doubt on this point, we draw your attention to section 46(1) of the constitution and Order 1, Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules.”

ASSBIFI, NUBIFIE against sale of 5‘troubled banks’

The Association of Senior Staff of Banks, Insurance and Financial Institutions (ASSBIFI), and the National Union of Banks, Insurance and Financial Institutions Employees (NUBIFIE),     all unions in the country’s banking and insurance sector, yesterday spoke against the CBN’s plan to sell the five “troubled banks” to foreign investors.

They spoke against the backdrop of a hint in London on Friday by the CBN’s Governor, Mr Sanusi Lamido Sanusi, that a time table for the planned sale would soon be released.

Mr Olusoji Salako, ASSBIFI’s Acting President, told newsmen in Lagos that any takeover of the banks by foreign investors whose backgrounds were unknown would endanger the nation’s economy.

“We are not discouraging investors from coming into the country, but we cannot allow foreigners that we do not know anything about to take over our banking institutions,” he said.

“We do not know their pedigree. There is global meltdown; so how can these investors leave their countries to manage ours?” Salako queried.

He said ASSBIFI could only accept the idea if the terms of the agreement and the process were transparent.
According to him, the investors’ experience and competence in financial matters should also be proven.

Salako further said that workers’ welfare should be adequately addressed before the investors were allowed to take over any of the banks, adding that the relevant international agencies, including the International Labour Organisation, ILO, should be involved in the negotiation for the workers’ welfare.

Daily Trust

Ilorin — The Kwara State Ministry of Lands and Housing has concluded arrangement to venture with private investors and developers to build housing estates around the three campuses of the newly established Kwara State University (KWASU).

The ministry's supervising officer, Dr. Abubakar Adebayo Ishola, who disclosed this at the opening ceremony of the first Kwara State Lands and Housing summit held at the state's Banquets hall, Ilorin said that the partnering will cover the Malete, Osi, and Ilesha- Baruba campuses.

The commissioner also disclosed that the state government has built, allocated and sold 600 units of houses made up of I-bedroom, 2-bedroom and 3-bedroom bungalows in the Mandate I, Mandate II and Mandate III housing scheme. He said that these are in addition to the Harmony Estate, Royal Valley Estate and other on-going housing projects in the State. "Outside the State Capital, we are also proud to say that 35 units of 3bedroom bungalows have been built at Offa, Omun-Aran, Kaiama and Tsonga with common facilities like road, water, and electricity to make life more meaningful."

He said that the development of other housing estates through the laudable Public Private Partnership initiative is apace with the involvement of private investors like International Business Bureau (IBBL), Delrot Nigeria Limited, and Grenaco Nigeria Limited.

By Chinedu Eze,

United States has deported about 63 Nigerians for allegedly being in possession of illegal firearm and residing in the country without legal documents, according to the country’s Immigration Service Department.

The Nigerian deportees were brought into the country by a Boeing 737 with registration number N739mi, which landed at the Murtala Muhammed International Airport, Lagos at about 11.15 am on Wednesday.

THISDAY learnt that the Nigerians were brought into the country from Miami, USA and they  included Nigerians who had spent many years in the United States, and may   not have visited Nigeria in the past 10 years.

Among the deportees were seven female and 56 male whose faces were grim, sad and wrinkled with rage and who kept mum during the exchange procedure with Nigeria Immigration Service.
Also reports confirmed that many of the Nigerians had spent many years in U.S. with the least spending only two years. About 80 per cent of the deportees were illegal immigrants who did not have valid documents.

One of them who refused to disclose his name said he was arrested while he was on his way to the market, but admitted that his documents that authorised him to live in U.S. had since expired.In addition, he also lost his job to the global economic meltdown about three months ago.

He also disclosed that he traveled to U.S. in 2004 when he could not secure a decent job in Nigeria.Many countries had become intolerant of illegal immigration due to the economic recession that is ravaging the world.

Source: Africa Aviation

Ilorin — The Kwara State Government has approved the commencement of construction work for the International Aviation College, Ilorin, scheduled to take off in February 2010 just as it revoked two road contracts in the state.

Briefing newsmen on the outcome of the state Executive Council meeting at Government House, Commissioner for Information and Communications, Mr Ben Duntoye, said approval for the commencement of building at the Aviation College was to enable the first set of students to resume in February next year as planned by the state government.

The College, he explained, has been duly registered while arrangement was in top gear to procure other necessary facilities that would facilitate the early take off of the Aviation School next year.

Duntoye also announced the termination of contracts for Section one of the Chikanda-Kosubosu-Okuta-Ilesha-Baruba-Oyo State boundary road project and Idofian-Fufu-Lajiki road over the inability of the contractors to complete the two road projects on schedule.

VANGUARD

Ilorin – Tension, yesterday, enveloped Kwara State Polytechnic, Ilorin, as the governing council announced the expulsion of 212 students who were found guilty of alleged involvement in examination  malpractices in the last first semester examination while 139 others were asked to rewrite the examination in the 2009/2010 academic session.

Already, fully armed stern looking policemen were on ground to avert possible break down of law and order by the affected students, while visitors to the polytechnic were thoroughly screened by the private security guards stationed at the gate.

The chairman governing council of the polytechnic, Engineer Ayinla Musa Yeketi, flanked by the newly appointed Rector, Alhaji Masud Elelu and other members of the governing council, told journalists at a press briefing that two of the five  lecturers who faced the panel were  found to be involved in the examination scandal and have been sacked by the governing council  while the remaining three were exonerated

According to him, “the academic board recommended different levels of punishment for the students, depending on the degree of involvement. For instance, 139 students are to have the courses affected carried over to the 2009/2010 session.

“On the other hand, out of the five academic staff mentioned in connection with the infractions, three were found to be innocent, hence were recommended to be exonerated and recalled to the polytechnic and their official positions. However, two were found guilty, hence were recommended to be punished in accordance with the level of their involvements,” Yeketi explained.

“While one was recommended for dismissal, the other was to be warned and have his promotion deferred for 6 months,” he added.

Yeketi added that some ex-students were the key players in the examination fraud based on the outcome of the report of the committee that was forwarded to the academic board of the institution for consideration and later approved by the governing council of the polytechnic.

Consequently, he said one of such ex-students of the institution, who are key players in the act, had his HND certificate withdrawn, another barred from seeking admission to the polytechnic for his HND progamme, while the remaining two students involved in the act would be handed over to the police for further investigation  on the matter.

Yeketi stressed that the governing council was committed to the academic excellence of the institution, noting that all measures that will enhance the academic programmes of the polytechnic would be put in place.

Elombah.com

Since November 2006, the activities of the Proceeds of Corruption Unit within the UK Metropolitan Police Service tracing Nigeria’s embezzled loot have led to £3.5m being seized, £79.8m being placed under restraint and £20.7m being repatriated to Nigeria following criminal and civil proceedings.

In a Freedom of Information request by Ms Funke Obisanya dated 22 June 2009 and made available to Elombah.com asking “how much exactly the total amount of Nigeria’s embezzled loot were the British courts successful in seizing and how much of it was returned?”

UK Department of International Development, (DFID) confirmed that through the activities of the Proceeds of Corruption Unit within the UK Metropolitan Police Service since November 2006; £3.5m has been seized, £79.8m has been placed under restraint and £20.7m has been repatriated to Nigeria following criminal and civil proceedings.  However, UK Department of International Development said this amount is not comprehensive.

A report published by a Transparency International UK (a non-governmental anti corruption organisation) which was partially funded by DFID, includes details of cases brought in respect of Nigerian assets in the UK, Including General Sani Abacha, former federal President of Nigeria;   Chief D S P Alamieyeseigha, former Governor of Bayelsa State, Nigeria;  Joshua Chibi Dariye, former Governor of Plateau State, Nigeria;  Frederick Jacob Titus Chiluba, former President of Zambia; Terry Wayas, a private businessman; Mrs Joyce Oyebanjo

Sani Abacha

The extent of the misappropriation of public funds by General Sani Abacha, the military dictator of Nigeria between 1993 and 1998, is notorious. In the Global Corruption Report for 2004 issued by TI, Abacha was ranked fourth in the list of all-time political kleptocrats behind Suharto, Marcos and Mobutu, but ahead of Milosovic, Duvalier and Fujimori. A total of US $1.3 billion is believed to have passed through accounts in British banks controlled by the Abacha family.

The Nigerian authorities have made substantial recoveries – most notably from Switzerland, which has repatriated over US $500 million, and also from the return of funds during the initial domestic investigation into the misappropriations123.

However, there has also been a significant recovery through proceedings brought in the UK, and MLA in support of Nigerian criminal investigations124.

Civil proceedings: Approximately £110 million was recovered from the UK in civil proceedings brought by Nigeria, proceedings that arose from the buy-back of debt owed by Nigeria for the financing of the construction of the Ajaokuta Steel Plant in Nigeria’s Kogi State. The Abachas exploited the buy-back transaction corruptly to enrich themselves, using an offshore company to acquire the debt from Russian entities who then sold the debt to the Nigerian Government for twice the sum it had paid. The Abachas' profit was approximately DM 500 million (£166 million), held in a London bank account.

The case was complicated by a claim by a third party that it had in fact been the true owner of the debt having, it was said, acquired it from the Russian entities prior to its purported sale to Nigeria.

Settlement discussions: At the conclusion of a series of meetings, Nigeria believed that the case had been settled and that the Abachas’ would pay the bulk of Nigeria's claim. Within days, however, disputes arose as to whether and on what terms the parties had settled. This led to a trial before the English Commercial Court to decide whether the actions had been settled, and if so, on what terms. That trial lasted for six months and led to judgment in Nigeria's favour125, a decision upheld on appeal.

Mutual legal assistance: The United Kingdom also provided MLA in support of the Nigerian criminal investigation into the Abachas, albeit at a slower pace than would be expected today.

A request for assistance was made by Nigeria in June 2000 and evidence gathered by the SFO was sent to Nigeria in 2004, following a legal challenge by the Abachas to the decision to assist the Nigerian authorities.

Further civil proceedings: In September 2001, Nigeria brought civil proceedings in London against about 120 defendants alleged to be involved in the misappropriation of funds by the Abachas.

The proceedings started with applications for disclosure of documents and information by a number of banks, and an application for a worldwide freezing injunction against the Abachas. On 25 September 2001, the Court granted the orders sought by Nigeria. However, although US $1.3 billion passed through London banks, only a relatively small sum is believed to have remained.

The proceedings have not progressed, although the worldwide freezing injunction remains in place.

Diepreye Solomon Peter Alamieyeseigha

Nigeria is a federal republic comprising 36 states, each with its own state Government headed by an elected Governor. D P S Alamieyeseigha was elected as the Governor of Bayelsa State in May 1999 and re-elected in 2003. His term of office was intended to run until May 2007, but was cut short by impeachment for corruption in December 2005.

While in office Chief Alamieyeseigha corruptly accumulated (outside Nigeria) properties, bank accounts, investments and cash exceeding £10 million in value. His portfolio of assets included accounts with five banks in the UK; four London properties acquired for a total of £4.8 million; and about £1 million in cash hidden in one of his London properties.

A variety of criminal and civil mechanisms were used in England to recover Chief Alamieyeseigha’s assets.

Criminal proceedings

In September 2005, following an investigation by what is now the POCU, Chief Alamieyeseigha was arrested in London, questioned and charged with three counts of money laundering. The CPS obtained a worldwide criminal restraint order covering his assets.

Chief Alamieyeseigha was initially remanded in custody after failing to persuade the Court that he should be permitted to return to Nigeria to attend to the affairs of Bayelsa State. After three weeks in custody he was released on bail on conditions including the surrender of his passport, the payment of £1.3 million into Court by sureties and daily reporting to the police.

He then sought to challenge his arrest and prosecution on the basis that, as a Nigerian state governor, he enjoyed state immunity under English law. That argument was robustly rejected both by the Crown Court and on appeal by the High Court128.

In November 2005, despite his bail restrictions, Chief Alamieyeseigha managed to abscond and return to Nigeria. His flight led to the confiscation of the bail monies put up by his associates.

Subsequent scrutiny of the financial affairs of one of those sureties – Terry Waya, a Nigerian businessman who had come to the attention of the police by posting bail of £500,000 - led to his conviction in the UK for mortgage fraud and the confiscation of his £1.54 million London property.

Chief Alamieyeseigha was impeached and dismissed from office in December 2005, and charged with numerous money laundering and corruption offences. In 2007, he eventually pleaded guilty to charges of making false declaration of assets, and caused his companies to plead guilty to charges of money laundering.

Cash Confiscation Proceedings under section 298 of POCA:

Following Mr Alamieyeseigha's flight, the Metropolitan Police applied to confiscate his seized cash, which Nigeria later applied to have returned. The Police did not oppose the application and the cash was returned in May 2006.

Civil proceedings: Chief Alamieyseigha's flight from the UK triggered private civil proceedings by Nigeria in the High Court against Chief Alamieyeseigha, his wife, his companies and an associate for the recovery of bank balances and properties in London, Cyprus and Denmark.

The civil proceedings commenced with an application by Nigeria for a court order requiring disclosure by the Police of the evidence it had collated to enable Nigeria to bring its claim. This application was made without the knowledge of Chief Alamieyeseigha and was not opposed by the Police.

The judge ordered the documents to be disclosed, agreeing that it was in the public interest for the documents to be provided to Nigeria to assist it to recover the proceeds of corruption.

Nigeria applied for summary judgment; a process intended to bring a swift end to proceedings without the need for a full trial on the basis that there was no genuine defence to a claim. This hearing was delayed for some time on the grounds of Chief Alamieyeseigha's alleged illness.

When heard, it initially failed, the judge decided that Nigeria had a strong case, and that Chief Alamieyeseigha "had a lot of explaining to do". However, he decided that allegations of corruption against an elected public official were so serious that Chief Alamieyeseigha should be given the opportunity to "confront his accusers" at a trial following the exchange of all material evidence.

Following the guilty pleas in the Lagos trial, Nigeria reapplied for summary judgment in relation to those assets deriving from the criminal conduct that had been admitted by Chief Alamieyeseigha and his companies. That application succeeded in December

In February 2008 Nigeria obtained an order requiring Chief Alamieyeseigha to comply with various orders requiring him to disclose documents and provide further information and documents, with the sanction that his defence would be struck out if he failed to do so. The required information and documents were not provided, and on 2 July 2008 Nigeria obtained judgment over the remaining assets in London, and elsewhere.

Joshua Chibi Dariye

Between May 1999 and May 2007 Chief Dariye was the elected Governor and Chief Executive of Plateau State in Nigeria. There were various asset recovery and related proceedings arising from corruption on the part of Chief Dariye.

Criminal proceedings:

The CPS obtained a worldwide criminal restraint order against the assets of Chief Dariye in support of a criminal investigation into his activities. This secured the assets at an early stage. However, Chief Dariye fled the jurisdiction for

Nigeria before charges was brought against him in the UK. An international arrest warrant was issued by Bow Street Magistrates but could not be executed whilst Mr Dariye was in office because of immunity provisions in the Nigerian Constitution.

Criminal proceedings in Nigeria are ongoing.

Cash Confiscation Proceedings under section 298 of POCA: in February 2005 the Metropolitan Police applied to confiscate £116,812.90 in cash seized from Chief Dariye and his associates.

Nigeria then intervened seeking the return of the cash to it. The Police did not oppose the application and the money was eventually forfeited and repatriated despite substantial delays caused by Chief Dariye.

The Metropolitan Police first applied for forfeiture of the seized cash in February 2005. At first, Mr Dariye simply denied that the cash represented the proceeds of crime, without elaboration, thereby delaying the hearing of the case until 12 December 2005.

At this subsequent hearing, he advanced no evidence except the state immunity from proceedings he enjoyed under the Nigerian constitution. His claim was rejected and the cash was forfeited.

However, Chief Dariye appealed that decision, which he could do as of right, on the basis that it was against the weight of the evidence, despite having himself produced no evidence of the source of cash. He also separately applied to challenge the rejection of state immunity in judicial review proceedings.

The High Court refused Chief Dariye permission to do so, but he asked for an oral rehearing of that refusal, which he then managed to delay until January 2007. A few days before the rehearing, he withdrew his application for judicial review and announced that he would instead simply press ahead with the appeal on the facts, indicating that he intended to call up to eight witnesses and that the appeal would last one week. The appeal was therefore scheduled for July 2007.

Chief Dariye then decided not to serve any evidence, and did not instruct lawyers to represent him at the appeal. The appeal was dismissed, although a rehearing of the evidence put forward by the Metropolitan Police was still required, and the cash was finally returned to Nigeria. However, the Metropolitan Police, CPS and the Government of Nigeria incurred unnecessary costs dealing with the challenges to the forfeiture, despite the fact that Chief Dariye at no time put forward a positive defence.

Civil proceedings, in relation to a property:

High Court civil proceedings were brought by Nigeria to recover a London property acquired using stolen federal funds channelled to the UK through a contractor to Plateau State. Nigeria relied on evidence gathered by the Metropolitan Police to prove its case (the bulk of these documents entered the public domain through the cash confiscation proceedings, and others were disclosed by the Police under a Court Order made in the civil proceedings after the Police confirmed that disclosure would not prejudice any ongoing investigation or prosecution).

Judgment was obtained by Nigeria for the proceeds of sale and rental monies received by Chief Dariye, following his failure to comply with various orders requiring him to provide information and disclose documents or be debarred from defending the claim.

Civil proceedings, in relation to bank accounts:

Separate High Court civil proceedings were brought by Nigeria against Chief Dariye and his wife to recover £2.85 million of public funds transferred by him to accounts at two London banks.

Chief Dariye unsuccessfully sought to challenge the jurisdiction of the English Court to hear the dispute133. Judgment was obtained by Nigeria for £4 million (inclusive of interest), following Chief Dariye's failure to serve a defence properly explaining the source of his wealth, again in the face of an order requiring him to do so or be debarred from defending the proceedings.

Subsequently, Plateau State has brought proceedings asserting that the Federal Government of Nigeria had no right in Nigerian law to bring civil proceedings to recover the proceeds of corruption occurring at a state level, and seeking the payment of recoveries to it. Those proceedings are ongoing.

Criminal prosecution of Joyce Oyebanjo:

Mrs Oyebanjo, an associate of Chief Dariye, was prosecuted for knowingly laundering the proceeds of Chief Dariye's crimes. She received £1,165,964.87 from Chief Dariye in a nine-month period.

On 22 February 2007, following an investigation by the POCU, she was convicted of assisting Chief Dariye to retain the benefit of criminal conduct contrary to section 93A(1)(a) of the Criminal Justice Act 1988 and subsequently sentenced to 3 years imprisonment. Her benefit from the crimes of Chief Dariye was assessed at £1,467,135.97, and the Court decided that she had remaining assets of £198,045.00.

She was ordered to pay that sum to Nigeria in compensation or serve a further term of imprisonment.

Frederick Jacob Titus Chiluba

Dr Chiluba served as the President of Zambia from 1991 to 2002. In February 2003, he was charged along with his former intelligence chief, Xavier Chungu, and several former ministers and senior officials, with 168 counts of theft totalling more than $40m.

Civil proceedings were brought by Zambia in the High Court against Dr Chiluba and nineteen of his alleged associates. The case in the London civil courts concerned three separate claims:

The Zamptrop Conspiracy:

This claim centred on an account which was set up and effectively controlled by the head of the Zambian Security Intelligence Services.

The account received approximately $52,000,000 purportedly in payment of debts owed to contractors.

The MOFED Claim:

MOFED was a Zambian owned property company based in the UK. The claim concerned an alleged breach of fiduciary duty by a former Zambian ambassador in improperly obtaining a consultancy agreement in relation to the letting of a property owned by MOFED, which paid him £100,000 per annum.

The claim ultimately failed.

The BK Conspiracy:

This claim was for in excess of $20,000,000 that had been transferred from the Ministry of Finance pursuant to an arms deal with a Bulgarian company and paid into accounts in Switzerland and Belgium.

At least some of the money made its way to the defendants.

The case was notable for proactive case management by the Judge to ensure that the case was brought to trial without delay, despite the best efforts of some of the defendants to derail it.

First, the judge sat in Zambia to hear the evidence of witnesses who were unable to travel to London as they awaited trial on criminal charges. Second, the judge protected the right of those defendants to avoid self-incrimination by obtaining an undertaking from the Zambian Attorney General that documents and evidence disclosed in the civil proceedings would not be deployed in Zambian criminal proceedings, and third, part of the trial was held in private to maintain that confidentiality.

Further, a live video link from London of the trial and daily transcripts were provided to the defendants based in Zambia.

On 4 May 2007 Zambia obtained judgment against Dr Chiluba and some of his co-defendants for about US $46 million.

Judgment was obtained against Mr Chiluba's lawyer Iqbal Meer.

His law firm had handled US $10m of the stolen money (a second London law firm, Cave Malik & Co, was also found to have illegally handled $3m). However, on 31 July 2008 Mr Meer successfully appealed the judgment against him, persuading the Court of Appeal that he had not known or suspected the dishonesty of his clients.

Although US $1.3 billion of Abacha’s loot passed through London banks, only about $178 million was recovered from the UK in civil proceedings brought by Nigeria, where is the rest?

Vanguard

LAGOS—The Economic and Financial Crimes Commission, EFCC, led by Farida Waziri, will today storm Lagos with 100 operatives and two Mobile Police units to arrest all loan defaulters who fail to meet the seven-day deadline given by  last Tuesday to pay up or have their properties sealed.

Meanwhile, the umbrella body for Nigerian lawyers, the Nigerian Bar Association, NBA, has asked  EFCC to follow due process  in the plot to arrest some of the former bank executives, recently relieved of their jobs by the CBN and declared wanted by the commission on Sunday.

Waziri in Lagos

A source close to the commission revealed that seals running into thousands were released to the operatives to seal up property belonging to the loan defaulters.

According to the source, specially designed seals for private jets were also prepared by the agency as most of the defaulters own private aircraft parked at the airports in Lagos.

It was also revealed that the amount paid back so far “is paltry when compared to the magnitude of what the debtors are owing.

The property of the debtors would be sealed up in different parts of Lagos that have been penciled down by the anti-graft agency before the sledge hammer of the apex bank slammed against the banks barely two weeks ago”.

The source explained to Vanguard that “the operatives left early this morning (yesterday) to enable them arrive early and carry out the operations as directed by the chairman as excuses will not be accepted for any failure.”
When asked of the possibility of being influenced by the loan defaulters, the source simply said “our operatives are well paid.

They see this assignment as a challenge than monetary rewards, in short they cannot be influenced by anybody.”
When contacted, Head, Media and Publicity of EFCC, Mr Femi Babafemi confirmed that operatives had been sent to Lagos as the deadline elapses by 12 midnight

NBA asks EFCC to follow due process

NBA also cautioned the CBN to follow due process in the on-going sanitation of the banking industry, pointing out that the CBN Governor, Mallam Lamido Sanusi had “in a moment of indiscretion, expressed his predilection for the sale of the banks when none of them has been declared insolvent and incapable to meet its obligations to the depositors and shareholders.”

Chief Oluwarotimi Akeredolu (SAN), NBA President in a statement in Lagos, yesterday said “the recent sack of five top bank executives by the CBN continues to generate comments in the country. Whilst we had commended the move by the Governor of the apex bank to sanitise the banking system, we note that not a few Nigerians have expressed their anxieties at the unfolding drama and the danger the whole episode poses for the health of the financial sector.”

According to him, “the EFCC appears to have been excited and the operatives of the agency are busy arresting the bank executives suspected to have breached the law in their dealings. There is also a report that some of these people may be declared wanted in the days ahead for the perceived roles in the alleged fraud.

The EFCC boss, Mrs. Farida Waziri, was quoted as giving the alleged debtors of the affected banks a week ultimatum to redeem their debts or face prosecution.

The CBN Governor, in a moment of indiscretion, also expressed his predilection for the sale of the banks, when none of them has been declared insolvent and incapable to meet its obligations to the depositors and shareholders. These statements have excited controversies and cast a heavy shade of suspicion on the seeming altruistic intention of the Governor.

“We   hasten to caution government functionaries, on whose shoulders rest the onerous responsibilities to sanitise the banking system to approach their duties with tact and in strict adherence to the extant laws. The interest of depositors must be of paramount importance when adopting whatever measures deemed expedient to rein in the excesses of erring individuals with the ultimate aim of salvaging the entire system.

“No arbitrariness must be contemplated in resolving these issues. Debtors are under obligation to pay their debts within agreed contractual and legal framework. Those who default should be made to face full sanction within the ambit of the law.

We must allow the law to dictate the steps to be taken in dealing with those involved in sharp practices.

“We wish to admonish the regulators of the system to follow due process in dealing with the latest development in our banking industry. It is our hope that the shareholders in particular, and the generality of the public, will be taken into confidence before any fundamental alteration of the character of the ownership structure of the affected companies is effected.

Acting otherwise will further erode the already shattered trust between the investing public and the financial managers on one hand in addition to accentuating the doubts expressed by some in the sanitization crusade”, he added.

Lawyers react

Meanwhile, former Attorney General and Commissioner for Justice of Abia State, Chief Solo Akuma (SAN), insists that unless the EFCC can establish that the former bank executives committed an offence, they can’t be held accountable for the loan they granted, as the only way to recover such monies was by filing a civil case in court for the recovery of the debts.

He said, “it depends on what the EFCC is accusing the former bank executives of doing. Unless they have committed an offence, they can’t be arrested over a facility they granted a customer. If they have committed an offence, the EFCC is authorised by law to declare them wanted, if it had invited them and they failed to appear.”

“On the other hand, if they have not committed an offence, I mean if what they did is not a criminal offence, but a function carried out, like granting of loan facilities to customers, then the EFCC has no business with them.

It is not just that Mr A has been given credit facility and that he refused to repay or he has not been able to repay the loan and for that reason, the bank MD has committed an offence, that cannot be true.

“Granting of credit facility are purely contractual arrangements and purely a civil matter. The EFCC should tell us what they did.

Did they in the course of granting the facilities, request a percentage? If a man is given N30 as loan and he gives the bank executive N20, then we can understand that an offence has been committed.

If in your office you take salary advance, which your manager duly approved, if for any reason you are no more hardworking and unable to repay the salary advance you took, does it mean that your manager who approved it has committed an offence.”

“My position is that the EFCC should tell us the offence they have committed, but if it is purely because they granted a facility, which is not performing, then it becomes a purely civil matter, which I believe EFCC has no business getting involved,” he added.

But for NBA Secretary General, Mr Ibrahim Mark, the bank executives should first honour EFCC invitation and know why they are wanted in the first place and not to speculate on why they are wanted. He said, “EFCC knows why it is looking for the effected bank executives and we know that EFCC is an agency charged with the function of fighting crime.

So, if they are looking for them and they refuse to honour such invitation, there is nothing stopping the EFCC from declaring them wanted, because the EFC will not wait for them indefinitely.

The argument that they have not committed any offence, but merely granted loan to their customers, is not an excuse for them not to honour EFCC invitation.

If they report to EFCC and it is discovered that they have not committed any offence, they will be released to go home, but if it is established that they committed an offence, they will be charged to court.

“It was reported in the papers recently, that some of the loans were given without due process and in some cases, laid down procedure was not followed.

If you grant a loan of N30million without a  collateral, you can’t say you have not committed an offence and some of them, we read also offered loans to themselves, without approval from the CBN.

We also read of allegations that some gave stock brokers huge loan and I don’t think share certificate can be used as a collateral. Let them report to EFCC and who ever does not have a case, will be set free, instead of saying that they will not report to the commission,” he added.

Emeka Ngige (SAN) said  “the EFCC has unfettered powers and rights to declare the bank officials wanted, especially if they have been invited and they did not turn up. Also, the anti graft body can also declare them wanted where a criminality has been established against them.

Looking at the matter, they can be invited in regard with the loans granted to the companies by the banks. Also, in line with the provisions of the Failed Bank and related offences Act and the EFCC Act, the EFCC and the CBN have the right to invite or declare them wanted.

“However, they (bank executives) are protected by the constitution to have access to their lawyers, their dignity must be protected and that they have to be charged to court for any offence seems to be committed by them within a reasonable time granted by the law.”

Also, a senior lecturer in the Faculty of Law, LASU, Gbenga Ojo said the EFCC had no such powers to declare them wanted until they got a court injunction to that effect. Ojo said “ EFCC has no such powers to declare them wanted. It is ultra-vires of the power of the EFCC to do that.

They can only investigate the case, but declaring them wanted could only be possible through a court order.  Also, I need to point out that the issue is of two folds, in as much as the EFCC can arrest the bank officials, they cannot arrest the bank customers, except if they have genuine case of fraud against them.

The matter is pure business and contractual agreements with the individual banks.
Their lawyers, in separatereactions, argued that the EFCC has no right to declare them wanted, especially when the matter is before the court.

Akingbola’s counsel, Mr Tunde Fagbohungbe (SAN) said “they cannot declare him wanted because he has not done anything wrong.

The CBN has not accused him of any criminal offence, so they cannot declare him wanted. All the noise that Akingbola had fled the country is incorrect. He is outside the country for a very important engagement and he will soon return.

“They are now busy examining the books of the banks to find something to nail him. But as far as we know, they have not found anything against him. The examination they are now doing is what they should have done before the CBN made the announcement which removed him from office.”

Mr Adeniyi Akintola, representing Mrs Ibru said: “This is the only country where people go to the media on issues they know nothing about. Mrs Ibru is not ordinary Nigerian, she is an eminent one. They know where she lives. She has not gone to hiding.

How then can she be declared wanted? She was invited by the EFCC, she was there and thereafter allowed home. If they still want her, why did they not go to her residence?”

THE Kwara State governor, Dr Bukola Saraki and about 12 local government chairmen may be at logger-head over their absence at the official flag -off of the National Immunization Plus Days(NIPD) which was made mandatory for all Northern states across the federation by the Federal Government.

It was gathered that only four of the sixteen council chairmen in the state attended the ceremony, which reportedly angered Governor Saraki, who was reported to have declared that “necessary action would be taken against them”.

OSUN DEFENDER learnt that some of the concerned chairmen were not members of the governor’s camp.
Recently, Dr Olusola Saraki, the governor’s father has shown interest in nominating his daughter, Senator Gbemisola Saraki to succeed her brother, a development that did not go down well with some of the political stakeholders.

Due to the fear of losing their plum seats, it was gathered that some of the council chairmen have started seeking for medical reports to be used as an excuse for not attending the programme.

In an Interview with OSUN DEFENDER at Bode Saadu, in Moro Local Government Council area of the state the venue of the flag-off ceremony at the weekend, Governor Saraki did not hide his feeling on the council chairmen’s absence at the occasion when he said, “ the council chairmen don’t have any excuse again as the law that enabled them to implement the programme had been enacted.

“We have taken the right decision and I think we are in the right direction. In the past, only the Federal Government and its partners were involved in the programme. But now it involves local government chairmen, traditional rulers and everybody. For instance, in Kwara State, we have passed the law that makes it an offence for a parent not to take a child for immunization. Once we address that issue of immunization, it would reduce mortality rate in the state”.

Speaking on the council chairmen’s role, Saraki admitted that they have vital roles to play in fulfilling federal and state government’s commitment to the programme.

“We have played our role, the Federal Government has played its role, so, the local government chairmen must also play their roles by setting up their committees by driving in, and move to the areas that have cases of the disease.

“We have a law to support it that makes it mandatory now that you (parents) must immunize your children. So, the chairmen of the council, few of them were doing well. Some of them are active in this programmme and for those that are not active, we would make them to do so.”

OSUN DEFENDER gathered that, few local governments council areas in Kwara North Senatorial District have been flashing points of polio, due to their closeness to Niger State borders, where immigrants always have free entry and exist.

While speaking on the rationale behind flag–off the progaramme at Bode Saadu, one of the nearest towns to Niger State, the state Commissioner for Health, Hajia Aisat Ayike Saka in an interview with OSUN DEFENDER after the ceremony said it was due to few cases recorded in the area as a result influx of immigrants from nearby states.

-From LANRE LAWAL, Ilorin