U.S.$620,000 Bribe - Lawan, Emenalo Head for Supreme Court

A former Chairman, House of Representatives Ad-hoc Committee on the Fuel Subsidy Regime, Farouk Lawan, has filed an appeal at the Supreme Court to challenge the judgment of the Court of Appeal which refused to quash the charges of corruption filed against him and the secretary of the committee, Boniface Emenalo.

Lawan and Emenalo were charged with a seven-count charge of receiving $620,000 bribe from the Chairman, Zenon Oil and Gas, Femi Otedola, to exclude the names of Otedola's companies, Zenon Petroleum and Gas and Synopsis Enterprises Limited from the list of companies in the committee's report following its probe into the fuel subsidy scheme between 2010 and 2011.

When the matter came up yesterday before Justice Adebukola Banjoko of an Abuja High Court, counsel to the accused persons, Akinyemi Aremu informed the court that he had filed a motion for stay of the proceedings, pending the outcome of the appeal he filed at the apex court.

Aremu asked the court for an adjournment to enable him argue his application for stay of proceedings pending before the Court of Appeal, Abuja Division in view of his appeal to the Supreme Court.
The prosecutor, Chief Adegboyega Awomolo (SAN), although did not oppose the request for adjournment, he told the court that he was disappointed because the application which was filed last Friday, was meant to frustrate the speedy hearing of the matter.

Awomolo, however, asked the court for a short adjournment on the grounds that judicial policy provided that criminal matters be given expeditious hearing. Justice Banjoko adjourned th the case to October 28 for report on the outcome of the application for stay of proceedings at the Court of Appeal or trial.

Following the promotion of Justice Mudashiru Oniyangi to the appeal court, Lawan and Emenalo were re-arraigned before Justice Banjoko.

Their offences included receipt of bribe and abuse of office. Before yesterday's adjourned date, Lawan and his co-accused person had lodged an appeal at the Supreme Court against the decision of the Court of Appeal which held that they had a case to answer.
Both the trial court and the appeal court had dismissed the accused persons' application to have the charges against them quashed.

Justice Oniyangi formerly of the Abuja High Court, in a ruling on May 10, 2013, refused the application to quash the charges and urged the suspects to face trial. Dissatisfied with the ruling, Lawan and Emenalo approached the Court of Appeal, Abuja Division, seeking to set aside the decision of the trial court but the appellate court held in its judgment that the suspects had a case to answer as there was sufficient evidence linking them to the charges.

The court then ordered Lawan and Emenalo to return to the Abuja High Court to face trial, the appellate court also ordered an accelerated hearing of the case against the lawmakers.


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Lawyer Rejects NDDC Bribe To Keep ‘Sealed Lips’ On A Fraudulent Isoko Contract

An alleged fraud is the latest item in a lingering battle, overall, on the alleged defrauding of the Ozoro kingdom of billions of naira, in a N2.4 billion-road contract.

Mr. Leo Ogor Okuweh, the Deputy Majority Leader of the House of Representatives, representing the Isoko Federal constituency, and a local construction company, S.O. Olotu and Sons Nigeria Limited, an Abuja based lawyer, Ejumejowo Anthony Asuotu (ESQ,) who is bent on getting to the bottom of the alleged fraudulent contract, is said to have ‘rejected a bribe,’ allegedly offered by the Niger Delta Development Commission (NDDC).
The 28.4 kilometers road contract which was awarded by the Commission to S.O. Olotu and Sons in 2011, was fraudulently cut almost in half, to 15.2 kilometers, by the contractor. That allegation comes in an alleged of connivance with the federal lawmaker, through the assistance of some ‘fraudulent staff’ of the commission, and based on this recent discovery. Senator Francis Spanner Okpozo, and other members of the Ozoro community SaharaReporters has learned, raised the alarm, and accused the Deputy Majority Leader, and S.O. Olotu and Sons Nigeria Limited, of defrauding the Ozoro kingdom of billions of naira.
Following this development, it was learned that the Abuja-based lawyer, Ejumejowo Anthony Asuotu (ESQ,) reportedly wrote a series of letters to the commission requesting it to release all contract documents concerning the 28.4 kilometers road. The lawyer also wrote a petition to the Force Headquarters, in Abuja, over threats to his life by the fraudulent contractor, who was later quizzed by the operatives from the Force Criminal Investigation Department (FCID), in Abuja.
A SaharaReporters correspondent learned that in all the letters written by the lawyer, he was not obliged by the commission, and only to be allegedly offered a bribe in order to keep ‘a sealed mouth,’ and stop pursuing the matter.
The bribe, allegedly offered by the commissioner, came through a chartered accountants firm. That firm goes by the name of Funsho Owoyemi and Company; they are Chartered Accountants with their corporate headquarters in Lagos. In what appears to be an inducement letter titled, “Letter Of Introduction-Messers Funsho Owoyemi and Co (Chartered Accountants),” and signed by the commission’s director of legal services, Mr. George Ero, the letter is addressed to Ejumejowo Anthony Asuotu ESQ. That note was sent to his chambers in Abuja, and obtained by SaharaReporters, it informed the lawyer, who oddly, has never had any dealings with the commission before, to cooperate with the firm.
In another inducement letter from the chartered accountants firm, this one dated May, 21st, 2014, and signed by Mr. Funsho Owoyemi, it was addressed to the lawyer on behalf of the commission. That letter, obtained by SaharaReporters, appealed to the lawyer to furnish the firm with all details of his services to the commission, so that he could be paid without delay.
But in what looks like a shocking response letter from the law firm, signed by the principal, Mr. Ejumejowo Anthony Asuotu (ESQ), informed the commission that as a responsible law firm, the commission has never engaged it’s services, and as such, it has not carried out any brief on behalf of the commission that will warrant any form of payment to the law firm.
When contacted on the issue, Mr. Ejumejowo Anthony Asuotu confirmed to our correspondent the receipt of the two inducement letters. That confirmation included his response, as well. Anthony Asuotu wondered why the commission would deliberately refuse to oblige him all the contract documents on the road requested, and decided to be looking for a way induce him.
“Is the commission telling Nigerians that, it does not have data of those that render their services to it? Assuming my firm is the fraudulent type, this is how the commission will fleet its treasury to pay for services never rendered at all?” he asked out loud in speaking with a SaharaReporters correspondent. “The letters also talked about carrying out the audit of the commission, and I asked what concerns our law firm with the audit of the commission, of what business is it to us when we don’t have any transaction with it? I was so shocked when we received the letters because, we have never one day rendered our services to the commission in whatever form, and I think as responsible as the NDDC (is,) it should have all records of  whoever that must have rendered whatever services to it, not the other way round,” Anthony Asuotu said almost incredulously. 
“I must say that the two letters are nothing, but to induce my firm to keep ‘a sealed lip’ over the fraudulent contract, and I ask why was I not obliged my request, after series of letters? Only to be written to cooperate, and furnish all the details of my services to the commission. All we are saying is, that NDDC should grant our request on the details of the contract, and failure to do so, we shall have no other option than to drag them, and others to the EFCC as far as this matter is concerned. It’s high time we put a stop to all this corruption in Nigeria,” Anthony Asuotu said in his discussion with a SaharaReporters correspondent on the matter.
Phone calls to both the commission, and the chartered accountants firm, were not returned at the time of this report.

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Alleged $620,000 bribe: Farouk Lawan, Emenalo re-arraigned

A former Chairman of the House of Representatives Ad Hoc Committee on Fuel Subsidy Regime and its ex-Secretary, Farouk Lawan, and Boniface Emenalo, were re-arraigned yesterday before a High Court of the Federal Capital Territory (FCT) in Gudu, Abuja.

They are facing a seven-count charge for allegedly receiving $620,000 bribe from the Chairman of Zenon Oil and Gas, Mr Femi Otedola.

The two allegedly took the bribe to exclude the names of Otedola’s companies – Zenon Petroleum and Gas as well as Synopsis Enterprises Limited – from the list of companies said to have defrauded the Federal Government of billions of naira.

The accused were earlier arraigned on the same charge before Justice Mudashiru Oniyangi (formerly of the FCT High Court, Maitama) before his elevation to the Court of Appeal some months ago.

Justice Oniyangi’s elevation led to the transfer of the case to a new judge – Justice Adebukola Banjoko – before whom the accused took their fresh pleas yesterday.

When the case was called, lead prosecution lawyer, Adegboyega Awomolo (SAN), told the court that the accused were to plead to the charge afresh.

When the judge asked if there was any application pending at the Court of Appeal on the matter, Awomolo answered in the negative. The lead defence lawyer, O. Jolaawo, confirmed same.

After listening to the charge, Lawan and Emenalo pleaded not guilty to the charge.

Jolaawo later applied to the court to enable the accused continue to enjoy the bail earlier granted them by the former trial judge. Awomolo did not object to the application.

Justice Banjoko, however, insisted on sighting the three men, who stood surety for the accused, before the earlier bail was granted, to know if they were willing to remain the sureties.

The case was stood down on that note to allow the sureties, who were not in court, to physically appear in court.

About an hour later, the proceedings resumed, following the arrival of the three sureties in court. Justice Banjoko asked them if they were willing to remain sureties for the accused, and they affirmed.

The judge ordered Lawan and Emenalo to remain on the earlier bail granted by Justice Oniyangi and adjourned till July 7 for further hearing.

 

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Bribery: Court sends chief security officer to 33 years imprisonment

A Delta State High Court sitting in Warri has sentenced the Chief Security Officer  of Delta State Polytechnic, Mr Peter Obonyamo, to 33 years imprisonment, having been convicted of corrupt acts.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) had dragged Mr Obonyamo  to court for demanding N150,000  gratification from a contractor with the Delta State Polytechnic, Ozoro.

He was also charged for actually receiving N100,000 from the contractor.

His arrest came through a sting operation by the ICPC operatives as he was collecting N100,000 marked money.

Delivering judgment, Justice  Briki-Okolosi  held that the prosecution had proven its case beyond reasonable doubt in counts 1,3,4,6 and 11 of the charge while he struck  out counts 2 and 5 for duplicity.

The court further held that counts 8,9 and 10 were not proven beyond reasonable doubt.

However, the  court sentenced  Mr Obonyamo  to seven years imprisonment on each of counts 1,3,4 and 6 with an option of N20, 000 fine on each count.

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 The court also sentenced the convict to five years imprisonment without an option of fine on count 11.

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Corruption: Tambuwal alleges impunity by govt officials

The Speaker of the House of Representatives, Mr. Aminu Tambuwal, on Thursday described as curious, the growing trend by public officials to resist the scrutiny of the National Assembly.

In a veiled reference to the Minister of Petroleum Resources, Diezani Alison-Madueke, Tambuwal said government officials either ignored legislative invitations or simply refused to be accountable when asked to respond to alleged corrupt acts.

But he warned while addressing his colleagues in Abuja to mark the end of the third session of the current 2011-2015 legislative tenure, that   the House would not be intimidated by any official in its resolve to expose corruption in governance.

The House which is probing Alison-Maduke for allegedly spending N10bn on chartered aircraft in the last two years had said   she severally ignored its invitations. The minister had also filed a suit in court seeking to stop the House from going on with the investigation, saying it needed the President’s nod before it could summon her.

But Tambuwal noted that the “impunity” by government officials was intended to “frustrate” the legislature from performing its constitutional duties, adding that the intimidation would not work.

“I wish to assure Nigerians that the House of Representatives will not be intimidated into abdicating its sacred duty to provide robust checks and balances to executive action, especially for the purpose of exposing corruption in the polity and of ensuring the judicious management of our commonwealth,” he said.

The speaker also noted that “strange” things were happening to the country’s democracy, where government officials resorted to filing court cases in the hope of stopping legislative proceedings that called their actions to question.

He observed that some government officials did not know how to draw the line between the duties of the Executive and the Legislative arms of government.

Tambuwal spoke more, “This   House has only recently concluded the exercise of approving the 2014 budget. The problem which the House experienced in the budgetary process emanated from several factors, including the entrenched culture of lateness in budget preparation and submission to the National Assembly by the Executive branch.

“There have also been attempts to denigrate the National Assembly for our insistence on instilling sanity in the budgetary process. Only recently, a certain government spokesman was quoted as claiming that the National Assembly ‘distorted’ the 2014 budget.

“It is inconceivable that an institution endowed by the 1999 Constitution with the legal duty and power to perform a function can be said to be distorting the performance of that function.

“Those desirous of a National Assembly that will merely rubber-stamp a draft budget submitted to it by the Executive must look elsewhere.

“During the session, we witnessed the dawn of a disturbing trend whereby people now go to court to stop the National Assembly from exercising its constitutional mandate and conducting its internal operations. This is unheard of in jurisdictions where genuine democracy is practised and venerated.

“The usual democratic practice is that the powers of the courts are activated to challenge laws enacted by the legislature. This is the proper manner in which the judiciary is enabled to perform its constitutional function as the interpreter of both the constitution and duly enacted laws.”

He argued that the resort to litigation was “an encroachment on the powers of the legislature and a slap in the face of the principle of Separation of Powers.”

Tambuwal condemned the acts of terrorism by Boko Haram, which had led to the loss of many lives in the last three years.

He added that the abduction of over 200 schoolgirls by the sect was a new dimension to terrorism that Nigeria and the international community must do everything possible to confront and secure the release of the girls.

The Speaker stated that youth unemployment and abuse of citizens’ rights had also been on the increase and urged the Federal Government and its agencies to respect the fundamental human rights of Nigerians.

Tambuwal received a standing ovation from lawmakers after the speech, which also drove home the point that they had one year left in their four-year tenure.

The current tenure was inaugurated on June 6, 2011.

The House will resume on June 24 after a two-week end of session break.

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Nigerian court acquits former Mtel CEO, others in Siemens bribery case

A Nigerian court of appeals has freed a former Mtel CEO and three others accused of receiving bribes from Siemens.

The German telecom equipment maker company is alleged to have paid more than US$100 million in bribes to officials in Nigeria, Libya and other countries in order to win supply contracts.

Global suppliers including China's Huawei Technologies and ZTE are seriously competing for contracts in the region. There have been a number of cases over the last few years in which senior government officials and managers of telecom companies have been accused of offering bribes to win telecom equipment contracts.

In 2007, the Nigerian government canceled a supply contract with Siemens and suspended dealings with the company pending investigations into allegations that it gave more than $14 million in bribes to Nigerian government officials in order to be offered a supply contract.

One of the accused is the former CEO for government-owned mobile telecommunications company Mtel, Edwin Moore Momife. The other three are the former director of the Power Holding Company of Nigeria, Maigada Shuaibu; former general manager of finance at Nigerian Telecommunications (Nitel), Emmanuel Chukwuemeka Ossai, and former permanent secretary at the Federal Ministry of Power and Steel Mahmood, Sadiq Mohammed.

In its ruling, the court of appeal said the country's Economic and Financial Crimes Commission (EFCC), failed to establish a lawful case against the accused.

Justice Tinuade Akomolafe Wilson, who read the judgment said, "Momife and the three other accused had no case to answer because the Siemens officials implicated in bribery case as conspirators were neither charged nor declared wanted in Nigeria."

The court held that the main accused person, Momife, "could not have conspired with himself to commit the alleged crime."

The court said in order to establish a case against Momife and the other accused, the EFCC could have taken the officials to court with Siemens officials who allegedly bribed the accused.

The ruling by the appeals court effectively overturned the decision of the High Court that earlier found all four of the accused guilty of bribery. Momife and the other accused officials were detained by the court but later released on bail. They appealed the decision of the High Court.

Momife and his co-defendants were also accused of having received for themselves and their family members air tickets to attend the FIFA World cup in Germany in 2006 in addition to receiving frequent sponsorship to Germany for medical check-ups.

Momife admitted having received air tickets from Siemens but the court said it found no evidence of a relationship, business or otherwise, between Siemens and the accused.

In 2007, Siemens was indicted by a court in Germany for paying bribes to government and officials in African countries including Cameroon, Libya and Egypt in order to win supply contracts, It was slapped with a fine of about $201 million.

Siemens accepted responsibility for misconduct and provided names of bribe recipients. The EFCC asked for a certified copy of the Germany court's judgement in order to help it identify the people who were involved in the bribery and how much was given to them. It is not clear whether the copy of the judgement was given to EFCC by the Germans.

In 2010, the World Bank, as a major funder of Information and Communication Technology (ICT) projects in Africa, imposed a two-year bidding rights ban on Siemens because of the company's alleged corruption in Africa's telecom sector.

Siemens has since committed to paying $100 million to support global efforts over the next 15 years to support anti-corruption efforts.

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A Nigerian court of appeals has freed a former Mtel CEO and three others accused of receiving bribes from Siemens.
The German telecom equipment maker company is alleged to have paid more than US$100 million in bribes to officials in Nigeria, Libya and other countries in order to win supply contracts.
Global suppliers including China's Huawei Technologies and ZTE are seriously competing for contracts in the region. There have been a number of cases over the last few years in which senior government officials and managers of telecom companies have been accused of offering bribes to win telecom equipment contracts.
In 2007, the Nigerian government canceled a supply contract with Siemens and suspended dealings with the company pending investigations into allegations that it gave more than $14 million in bribes to Nigerian government officials in order to be offered a supply contract.
One of the accused is the former CEO for government-owned mobile telecommunications company Mtel, Edwin Moore Momife. The other three are the former director of the Power Holding Company of Nigeria, Maigada Shuaibu; former general manager of finance at Nigerian Telecommunications (Nitel), Emmanuel Chukwuemeka Ossai, and former permanent secretary at the Federal Ministry of Power and Steel Mahmood, Sadiq Mohammed.
In its ruling, the court of appeal said the country's Economic and Financial Crimes Commission (EFCC), failed to establish a lawful case against the accused.
Justice Tinuade Akomolafe Wilson, who read the judgment said, "Momife and the three other accused had no case to answer because the Siemens officials implicated in bribery case as conspirators were neither charged nor declared wanted in Nigeria."
The court held that the main accused person, Momife, "could not have conspired with himself to commit the alleged crime."

The court said in order to establish a case against Momife and the other accused, the EFCC could have taken the officials to court with Siemens officials who allegedly bribed the accused.
The ruling by the appeals court effectively overturned the decision of the High Court that earlier found all four of the accused guilty of bribery. Momife and the other accused officials were detained by the court but later released on bail. They appealed the decision of the High Court.
Momife and his co-defendants were also accused of having received for themselves and their family members air tickets to attend the FIFA World cup in Germany in 2006 in addition to receiving frequent sponsorship to Germany for medical check-ups.
Momife admitted having received air tickets from Siemens but the court said it found no evidence of a relationship, business or otherwise, between Siemens and the accused.
In 2007, Siemens was indicted by a court in Germany for paying bribes to government and officials in African countries including Cameroon, Libya and Egypt in order to win supply contracts, It was slapped with a fine of about $201 million.
Siemens accepted responsibility for misconduct and provided names of bribe recipients. The EFCC asked for a certified copy of the Germany court's judgement in order to help it identify the people who were involved in the bribery and how much was given to them. It is not clear whether the copy of the judgement was given to EFCC by the Germans.
In 2010, the World Bank, as a major funder of Information and Communication Technology (ICT) projects in Africa, imposed a two-year bidding rights ban on Siemens because of the company's alleged corruption in Africa's telecom sector.
Siemens has since committed to paying $100 million to support global efforts over the next 15 years to support anti-corruption efforts.
- See more at: http://www.cfoworld.com/operations/88714/nigerian-court-acquits-former-mtel-ceo-others-siemens-bribery-case#sthash.xi1ffT2i.dpuf

INEC honours corper for rejecting bribe to rig during Ondo by-election

The Independent National Electoral Commission (INEC) today honoured a member of the National Youth Service Corps (NYSC), Ismail Lawal, who rejected a bribe to rig the inconclusive Ilaje-Ese-Odo House of Representatives By-election in Ondo State in favour of a particular party.
Lawal was said to have been put under duress by loyalists of the party, who offered him N8000 to turn the result in their favour but rejected to do their wish.
The INEC Resident Electoral Commissioner (REC) Mr. Akin Orebiyi made this known at the inauguration of the State Advisory Committee on Voter Education and Publicity.

Orebiyi said Lawal showed probity, honesty and integrity in the
conduct of the election, saying Nigeria needed the likes of the Corps member for its progress and development.
The REC noted that the Commission had put in place some structures that would make it difficult for officials to rig elections.
According to the REC, the electoral process and structure put in place did not permit influence or interference from within INEC or outside it.
His words “With the process and structure put in place by the Commission under Professor Attahiru Jega’s watch, no one,not even he, the Chairman, or the National Commissioner, Resident Electoral Commissioner or Electoral

Officer can rig election successfully in this country. And we are not
willing to do so”.
Orebiyi therefore urged the people of the country to adopt the electoral process as there own and make it work.
He said the committee was put together to achieve a hitch free Continuous Voter Registration (CVR) exercise slated for July 23 to July 27 in the state, adding that it would be preceded by the distribution of Permanent
Voters’ Card (PVC) from July 18 to July 20.

The REC said the committee would work together and closely in order to ensure adequate voter education and public enlightenment on electoral activities going forward to 2015 and beyond.

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