EFCC (4)

 

 

Economic and Financial Crimes Commission (EFCC) Chairman Farida Waziri must be looking for12166294459?profile=original somewhere to hide this week following the release of confidential cables from the US Embassy in London citing in detail UK Foreign Office assessments of the Nigerian Government in 2008 and 2009. Michael Aondoakaa, former Federal Attorney General and close associate of James Ibori, is cited as keeping “Waziri on a very short leash.”

A leaked US Embassy cable dated 17 November 2008 notes, “Former UK Chargé in Abuja (and current FCO East and Central Africa Group Head) James Tansley assesses that Waziri will not pursue any corruption cases that are not in the government’s interests.” It seems from the cables that “not in the government’s interests” means contrary to the wishes of the cabal running the Yar’Adua Presidency. This was alluded to in this column on 19 December 2010, On Watch: Soft on Corruption, in which I stated: “The political playing is done by Chairman Waziri deciding which reports to act on and pursue to prosecution. And therein lies the potential for mischief.”

One of the high profile cases Waziri consistently backed away from was the prosecution of former Delta State Governor James Ibori who has been accused of embezzling vast amounts of Delta State funds while he was governor and transferring it to the UK. UK authorities have been keen to pursue legal action against Ibori through the London courts but the EFCC and former Attorney General Aondoakaa have been less than helpful. Aondoakaa, a close associate of Ibori, had requested the British return evidence earlier provided for the case.

Nuhu Ribadu, while head of the EFCC had initiated an investigation against Ibori. A successful prosecution against Ibori had serious implications for those in the cabal around President Yar’Adua. Pressure was brought on Ribadu to drop the investigation and when he would not comply he was removed with a trail of manufactured evidence sufficient to provide the necessary pretext for his dismissal.

Waziri replaced Ribudu as chairman of the EFCC and quickly moved the case against Ibori into slow motion. In one of the leaked US Embassy cables Tansey “noted that it is bizarre how frequently Waziri asks for additional information on major cases, details that she should already be familiar with if she is ‘really digging into her portfolio”.

The leaked US Embassy cable also noted that “Waziri would prosecute small cases” confirming the opinion that has also been previously set out in this column on 05 December 2010, On Watch: Criminal Protection, “Thus far the EFCC’s conviction rate of “high profile cases” languishes in single digits.”

In a further cable labelled CONFIDENTIAL from the US Embassy in London dated 22 May 2009 the UK’s Serious Organised Crime Agency (SOCA) Africa programme officer Mike Davey noted “the EFCC’s reticence to prosecute high-level political cases.” Waziri’s stifling of the EFCC has become evident to foreign crime fighting agencies.

On 19 September 2010, On Watch: Corruption Undermines the Peace Process, this column observed that EFCC Chairman Waziri “is the insurance for the big men who have flaunted Nigeria’s laws and enriched themselves from state coffers thus ensuring those in poverty remain in poverty”.

Clearly the EFCC has been reigned in by Waziri who holds total control on all key operations in the EFCC. In the Yar’Adua Administration she played the role of protection for the tight cabal that ran the Presidency. That cabal is falling apart rapidly under President Jonathan. Waziri’s patrons are increasingly being exposed. Ibori and Aondoakaa are both facing prosecution.

The fact that the EFCC has been become misdirected by Waziri is clear to both the US and UK Embassy staff and in particular the UK’s Serious Organised Crime Agency which interacts frequently with the office of Nigeria’s Federal Attorney General and Nigeria’s crime fighting agencies. In this respect the EFCC’s reputation has taken a nose-dive under Waziri’s chairmanship and with it has gone the view that Nigeria is serious about fighting corruption. This is a significant set-back for the Jonathan administration which must now work to repair the reputational damage of Nigeria’s anti-corruption agency and demonstrate that President Jonathan is very committed to fighting corruption at all levels of Nigerian society.

So one is drawn to ask why, after two and half years of restraining the EFCC from carrying out its responsibilities to the fullest extent possible and frittering away the EFCC’s hard won reputation for fighting corruption without fear or favour, is Farida Waziri still the chairman of the EFCC?

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The EFCC List efccc

Those on the list


v Former Jigawa State governor, Senator Saminu Turaki;

v Former Abia State governor, Orji Kalu

v Ex-Ekiti State governor Ayo Fayose

v Iyabo Obasanjo-Bello.

v Former Oyo State governor, Rashidi Ladoja

v Former aviation minister, Femi Fani-Kayode

v ex-Delta State governor, James Ibori

v Jailed PDP chieftain Bode George

v Former Plateau State governor, Joshua Dariye

v Former Edo State governor, Lucky Igbinedion

v Former Adamawa State governor, Boni Haruna

v Former Enugu state governor, Chimaroke Nnamani

v Former Plateau State governor, Michael Botmang

v Former aviation minister, Babalola Borisade

v Nyeson Wike, Chief of Staff to Rivers State Governor Rotimi Amaechi.

v Former Federal Capital Territory (FCT) Minister Nazir el-Rufai;

v Former health minister, Adenike Grange

v Former Nasarawa State governor, Abdullahi Adamu

v Former Taraba State governor, Jolly Nyame

v Former Chairman of the Police Equipment Fund, Kenny Martins

v Democratic People’s Party (DPP) leader and ex-governor of Sokoto, Attahiru Bafaraw.

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EFCC set to arraign sacked bank chiefs

By Kingsley Ighowenghian, Wale Igbintade and Tunde Opeseitan, Lagos * Arrests Intercontinental Bank Chairman, Obieri * Court Orders Release Of Nwosu, Adigwe * Grants Ibru Leave To Enforce Rights Economic and Financial Crimes Commission (EFCC) Chairman, Farida Waziri, has disclosed that the detained bank executives will be arraigned soon, because "it is within the law for every Nigerian to seek legal redress against perceived wrong but we want to counsel the Bench not to consider any frivolous interlocutory application from bank debtors at this particular point in time." She confirmed on Tuesday at a press conference in Lagos that the EFCC has arrested Intercontinental Bank Chairman, Raymond Obieri, and two other non-Executive Directors of the bank. Others being held include Samuel Adegbite, Toyin Phillips, Sani Adams, Bayo Dada, John Maha, Jibrin Isah, and Dayo Famoroti, Henry Onyemen, Niyi Opeodo, and Peter Ololo. She said their offences range from money laundering, advancing loans under fictitious conditions, and conspiracy involving huge sums. According to her, the banks are listed as granting a total N747 billion non-performing loans by May 31, the day the tenure of Chukwuma Soludo expired as Central Bank of Nigeria (CBN) Governor. She added that she met on Tuesday with all the new bank Managing Directors (MDs) to prepare a final list of loan defaulters. Waziri disclosed that a court order has been obtained to detain the suspects beyond 48 hours, because their alleged offences are far beyond civil matters. She said many bank executives are holding meetings and strategising to escape arrest and prosecution for their economic crimes. Waziri did not state the amount recovered from bank debtors, only saying: "The figure is impressive, and we are compiling the amount, which will be released soon." She said some debtors are still running around to pay up, and if they fail to do so, "All defaulters will be arraigned as conspirators alongside the bank chiefs." Waziri accused those involved of economic sabotage, and pledged that the EFCC would not allow them to escape with their loots. She urged all stakeholders to co-operate with the EFCC as it goes after loan defaulters. However, judicial reprieve has come for former Finbank MD, Okey Nwosu, and former Afribank MD, Sebastian Adigwe, as a Lagos High Court on Tuesday ordered the EFCC to release them on bail. They were detained eight days ago, over allegations of financial misappropriation in their former banks, sequel to their sack on August 14 by the CBN. Also fired were the MDs of three other banks - Erastus Akingbola (Intercontinental), Cecilia Ibru (Oceanic), and Barth Ebong (Union) Both Akingbola and Ibru have not reported to the EFCC for questioning. Ebong is still in detention along with about 15 MDs of the subsidiaries of the five troubled banks, and others arrested in the latest raid. On Tuesday, the court restrained the EFCC from engaging in any act that could undermine or jeopardise the rights of Nwosu and Adigwe to freedom as stipulated in the Constitution. Justice Raliat Adebiyi also directed the applicants to serve the EFCC with all the processes at its Lagos office not later than seven days. Wole Olanipekun, counsel for Nwosu and Adigwe, while moving the application for bail argued that their detention beyond the legal period violated their fundamental human rights. He said despite the fact that his clients met the conditions for the administrative bail granted them by the EFCC, it refused to release them. In the main suit, Nwosu and Adigwe are seeking N50 billion damages each against the EFCC and a public apology for the violation of their fundamental human rights. They also want a declaration of the court that: "The acts of the (EFCC) founded on the highly publicised purported order of removal issued by the (CBN) on the basis of the conclusions/recommendations of a purported special examination report of the (CBN) which the applicants were never availed the opportunity to rebut and particularly the arrest and detention were unlawful, are unconstitutional and a gross breach of the doctrine of fair hearing as in the Constitution." Adebiyi also granted Ibru the leave to enforce her fundamental human rights against the EFCC. Ibru through her counsel, Niyi Akintola, filed two ex-parte applications against the EFCC and joined as co-respondents, the federal Attorney General and Justice Minister, Inspector General of Police, State Security Services (SSS) Director General, and the CBN Governor. Adebiyi granted some of the requests of Ibru. He also directed that Ibru should serve the court process on the co-respondents while EFCC should be served directly. "Leave of the court is granted for the accelerated hearing of the applications. Leave is also granted to (Ibru) to enforce her fundamental human rights against the respondents," he ruled. Adebiyi ordered that Ibru should not be harassed, intimidated or embarrassed by the respondents, and that she should not be subjected to inhuman or degrading treatment that would be inconsistent with Section 34 of the Constitution But the court stressed that it could not restrain or prevent the EFCC from performing its statutory functions, saying if it wants to investigate or arrest Ibru, it should do so within the confines of Section 35 of the Constitution. The case was adjourned to September 7 for hearing.
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EFCC arrests syndicate behind ATM fraud • Reveals how ATM cards are cloned • Banker used cloned card to steal N12m from customer’s account THE nightmare being experienced by users of the Automated Teller Machine {ATM} over its high susceptibility to fraud may soon be over with the bursting of a syndicate adept at cloning of ATM cards by the Economic and Financial Crimes Commission {EFCC}.EFCC CHIEF Farida Waziri The trans-state operations carried out by the commission’s operatives which saw them combing states in about three geo-political zones reportedly led to the discovery of the syndicate which specialised in cloning ATM cards which enabled those behind it to access users’ accounts without even knowing the identities of the victims. The syndicate is also suspected to be behind the Interswitch fraud message that is sent to unsuspecting members of the public demanding their secret PIN number for update of their account data, while a banker arrested in the course of the sweeping operations, Ms. Cassandra Olaleye reportedly confessed to using the cloned ATM cards to steal about N12 million from the account of a customer with her bank. Commission’s spokesperson, Mr. Femi Babafemi while speaking on the breakthrough by the commission on ATM fraud stated that “the aggressive campaign by the Economic and Financial Crimes Commission, EFCC against Automated Teller Machine (ATM) fraudsters recorded a major breakthrough last week with the arrest in Lagos, of three powerful members of a crack syndicate whose area of speciality is the cloning of ATM cards using Magnetic Card Reader/Encoder Machine. “The trio, Chris Okeke, Nicholas Egboh and Kelechi Aro were smoked out of the hideout following series of investigations which started from Kano that fingered them as the arrowheads of the deadly gang that had been defrauding depositors of various banks through the ATM. They were arrested on the last floor of a two-storey building in Alaba Suru, a suburb of Lagos. Six laptop computers, the card reader machine, bank documents and several credit cards and ATM cards were recovered from the suspects. Also recovered was a Gulf 3 saloon car. “According to investigation, all the fraudsters needed to have access to the account of any bank depositor are the victim’s ATM and PIN numbers. Once they have that information, they would use card reader machine to print the numbers on any ATM card. Once that is done, they can use the card to withdraw money from the victim’s account without even knowing the account holder’s name. “It is believed that members of this syndicate belong to the group of fraudsters that had been sending scam mails and text messages in the name of Interswitch Nigeria, urging unwary debit card holders to upgrade their ATM cards by filling online forms which require them to disclose their pin numbers. Those who fell prey to this scam lost millions of naira to the fraudsters. “During interrogation, Chris Okeke the ring leader whose father’s house was being used for the fraudulent group’s activities disclosed that the house belongs to his ailing father who had relocated to his village in Anambra State due to ill health and that all the items found in the house belonged to his accomplices. He further revealed that one Darlington, who is at large, is the owner of the machine and the Gulf car recovered from him. He claimed that he was always staying in his room while Darlington and other members of the syndicate perpetrated the fraud in the living room. “But 34-year-old Nicholas Egboh debunked the claims of his co-traveller in crime. According to Nicholas, Chris knew much about the scam and benefited from the proceeds of the crime. Nicholas said he used to see different people coming to the house everyday and had warned Chris on several occasions that he would run into trouble. He disclosed that he was a trader in Onitsha, Anambra State and that six months ago, his business collapsed and he relocated to Lagos in preparation for a trip to Egypt. He denied being a member of the syndicate, but one of the Laptop computers recovered in the house belonged to him. “The third suspect, Kelechi Aro who wears a dreadlock also exonerated himself from the crime saying that he was a musician and a labourer. He said he relocated to the house of fraud two years ago from Ajegunle, another Lagos suburb. But it was obvious that he was being economical with the truth as operatives caught him sending scam messages with one of the laptop computers when he was arrested. “Interestingly, the report that triggered the arrest of members of this deadly syndicate originated from Kaduna. A resident of that city had lodged a complaint with the Commission’s office in Kano to the effect that some fraudsters had pulled out some money from his account in one of the banks in the city. Investigators were able to trace the fraudsters to Surulere, Lagos through the driver’s licence used by one of them to withdraw money from the said account. Consequently, Remilekun Ojolowo and Sherifat Aderomu, who had been admitted to administrative bail, were arrested. Upon interrogation they claimed to belong to a network of syndicates that specialise in ATM fraud and led operatives to the den of the fraudsters where the startling recoveries were made. “This latest discovery followed a similar one in Port-Harcourt, Rivers state where EFCC operatives unveiled a set of bank officials who duplicate customers’ ATM cards to defraud them of millions of naira. “In the case of the Port Harcourt syndicate, one Ms. Cassandra Olaleye, a banker and her accomplice, Regal Horsefall were arrested by EFCC operatives following the discovery of the ATM fraud. The two suspects had been working as partners since June 2008, withdrawing funds totaling about N12 million from a customer’s account, an account managed by Cassandra. Their journey to the EFCC net started when the customer gave a cheque of N4 million to someone and was told his account was already in the red. He went to the bank to verify and from his account statement, it was discovered that a lot of ATM withdrawals had been done on the account. The customer who was surprised as he had never used his ATM card before protested and the matter was reported to the EFCC Port Harcourt Zonal office. “After a careful study of the bank statement, operatives discovered that the money was drawn from an ATM machine located in the premises of an hotel in Port Harcourt almost on a daily basis since July 2008. They visited the ATM machine to see if it has a camera, but there was none. Luckily for them, the hotel has a CCTV surveillance camera. The footages were rolled back and it was discovered that for almost two months, a particular red Toyota Corolla car brings a lady to the machine to make withdrawals. The number plate of the car was copied and a search for the vehicle began. After about two weeks of searching, the vehicle was discovered in a compound in Elekahia Housing Estate, in Rumuomasi area of Port Harcourt. “Operatives went in and a lady (Regal Horsefall) who they suspected was the culprit from the CCTV footages was sighted. She was approached for questioning, but she said she had never gone to the hotel for any withdrawal. They asked her about the car and she said it belongs to her brother. The operatives then arrested her. She was taken to the EFCC office where a call was put through to the supposed brother who came immediately and said she was not his sister but his girlfriend who goes to the ATM machine located in the hotel. He took the oeratives to her house where she agreed that she made the withdrawals. She was arrested and during interrogation, she said it was Cassandra Olaleye that gave her the ATM card to do the withdrawals for her. It was discovered later that the ATM point in the hotel premises was chosen because the culprits noticed it didn’t have a camera on it. “Operatives contacted Cassandra Olaleye who they discovered had moved from Port Harcourt to Calabar where she currently works with a different bank. She was subsequently arrested and brought to the EFCC Port Harcourt office where she initially denied all the allegations. “To solve the riddle, the two of them were brought together because Regal insisted that Cassandra gave her the card. “With the face-off, what could solve the riddle was a deeper investigation. When eventually Cassandra was confronted with the heap of evidences already gathered by operatives in the course of investigation, she admitted all the allegations”.
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