JUDICIARY
Court Orders Final Forfeiture of Abuja, Kano Property Linked to FIRS Staff Member
The Federal High Court in Abuja on Thursday, ordered the final forfeiture of two property linked to a staff member of Federal Inland Revenue Services (FIRS), Aminu Garunbaba, to the Federal Government.
The property include a four bedroom terrace maisonette with BQ at Barumark Groove Estate, Plot 667, Cadastral Zone, BO3, Wuye District, Abuja and bought by Garunbaba in the name of MYZ Venture.
The second property, located at No.
5, Lodge Road, Kano in Kano State, was said to have been purchased also by Garunbaba.Justice Obiora Egwuatu, in a judgment, held that Garunbaba failed to show the instrument he used to purchase the property.
Justice Egwuatu held that the respondent also failed to show any reasonable cause that the funds used in purchasing the property is from his legitimate earnings.
“A person cannot be allowed to benefit from illegitimate acts,” he said.
The judge earlier dismissed the preliminary objection filed by Garunbaba on the grounds that the objector did not discharge the burden to proof that the particular paragraphs in the EFCC’s application offended the Evidence Act.
He agreed with counsel to the Economic and Financial Crimes Commission (EFCC), Martha Babatunde, that a public officer can be investigated and prosecuted before an administrative disciplinary action is taken.
The EFCC had, in the suit marked: FHC/ABJ/CS/876/2021 filed by Ekele Iheanacho, SAN, sued Aminu Sidi Garunbaba as sole respondent.
In the motion on notice dated March 16, 2022 but filed on March 21, 2022, the anti-graft agency prayed for final order of the court “forfeiting the properties described in Schedule 1 which were found by the commission on the respondent as properties reasonably suspected to be proceeds of unlawful activities.”
Giving four grounds, the commission argued that the court had the statutory powers under the provision of Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 to grant the reliefs being sought.
It said: “The properties sought to be attached and forfeited are reasonably suspected to be proceeds of unlawful activities.
“The interim order of this honourable court has been published in two national dailies namely: THISDAY and PUNCH Newspapers.
“No cause or sufficient cause has been shown why the properties under the interim forfeiture should not be finally forfeited to the Federal Government of Nigeria.”
In the affidavit in support of the motion deposed to by an operative of the EFCC, Apagu Wudah, the officer said several investigations were carried out regarding the assets.
He said as an investigating officer with the Economic Governance Section of the agency, he was assigned to investigate an intelligence report bordering on criminal conspiracy, stealing, abuse of office and money laundering among some FIRS
Wudah said the investigation revealed that between 2017 and 2018, Garunbaba and some of the staff of the FIRS conspired amongst themselves and obtained millions of Naira from the FIRS under the guise of Duty Tour Allowances (DTA) which they never travelled for.
He said in the execution of the fraud, the staff involved applied for DTA in respect of a non-existing trip.
According to him, upon being paid the DTA, the staff would deduct 10% to 15 per cent of the amount paid as his/her share, while the rest amount was withdrawn and transmitted to other senior officials of the agency who in turn also retained some while passing the rest up to the former Director of Finance and the Coordinating Director.
“The respondent (Garunbaba) not only directly applied and received DTA payment for none existing trips from FIRS, other staff who received these fraudulent payments also handed over to him part of their own money.”
The investigator said between 2017 and 2018, Garunbaba received the sum of N341, 971,960.00 (three hundred and forty one million, nine hundred and seventy-one thousand, nine hundred and fifty naira) from the misappropriated DTA payments.
He said Garunbaba also personally converted to his use the sum of N148, 079,450.00 (one hundred and forty eight million, seventy nine thousand, four hundred and fifty naira).
“The respondent gave details of the various funds he received in the fraudulent scheme and how he utilised some of them in his extra l-judicial statements to the applicant,” he averred
Wudah said Garunbaba, in explaining how he shared part of the entire funds, wrote in his extra-judicial statement made in the presence of his legal representative on May 23, 2019 some startling revelations.
He said the respondent revealed that the total sum of N269, 335, 750 was giving as follows: Peter Hena, 145,000,000; Bello Auta, N95, 000,000; and Aminu Sidi, N29, 336,750.
He said Garunbaba confessed that the money was giving in cash at the FIRS office.
The investigator said Garunbaba received part of the above diverted funds through his Stanbic IBTC Bank account number: 9301540597 while the rest were in cash from other staff.
He said Garunbaba also converted most of these funds into US dollars through a Bureau De Change Operator — Mr. Wan Jafar Shehu.
“According to Mr. Shehu, between 2017 and 2019, the respondent gave him a total sum of about N216, 000, 000 at different occasions for him to exchange into United States Dollars which he did” Wudah said.
The EFCC operative said in 2018, Garunbaba purchased the four bedroom terrace maisonette from Barumark Investment and Development Company Ltd (Barumark) at the rate of N65,000,000.00 (sixty five million naira).
He said the money was paid through his First Bank account number: 3040986059 to Barumark’s First Bank account.
He said Garunbaba equally purchased the property situated at No.5 Lodge Road in Kano State at the sum of N39, 000,000.00 (thirty nine million naira) from one Alakhillau Enterprises which is operated by Adamu Muhammed.
Wudah said Garunbaba is a public servant on fixed annual salary whose lawful income was not used to purchase the property described.
He said the assets were purchased at the time Garunbaba was receiving and diverting funds paid as DTA by the FIRS to him and his colleagues.(NAN)
The Federal Competition and Consumer Protection Commission (FCCPC) has told the Federal High Court in Abuja that Mr Karl Toriola, the Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications Plc, and others were evading service of court documents on them.
FCCPC, through its lawyer, Nsitem Chizenum, told Justice Hauwa Yilwa upon resumed hearing of the matter on Wednesday.
FCCPC had, in the charge marked: FHC/ABJ/CR/354/2024, dragged the MTN Nigeria Communications Plc; Toriola; Tobechukwu Okigbo, MTN’s Chief Corporate Services and Sustainability Officer, and Ikenna Ikeme, General Manager, Regulatory Affairs of MTN, to court as 1st to 4th defendants respectively.
They were preferred with two counts in the charge, dated July 19, 2024, and filed July 22, 2024 by a team of lawyers led by Akoji Achimugu.
The defendants would be arraigned over alleged failure to produce documents and information required by the commission in compliance with a lawful summons contrary to the FCCPC Act.
The matter was fixed for May 28 for the defendants to take their plea.
When the matter was called on Wednesday, none of the defendants was in court.
The lawyer who appeared for FCCPC, Chizenum, told the judge that it was obvious that the defendants were not in court.
He said on the last adjourned date, the court hinted that it was the duty of the prosecution to bring the defendants to court, hence, efforts were made to produce them in court today.
“We have made several efforts and we equally used the bailiff of this court to serve them but it seems they were evading service my lord,” he said.
The lawyer also told the court that the Nigeria Police Force (NPF) had been involved and that their application was being processed by the NPF with a view to produce the defendants in court.
“In the circumstance, we ask for an adjournment to enable us bring the defendants for arraignment my lord,” he said.
Justice Yilwa subsequently adjourned the until Sept. 25 for arraignment.
In count one, the MTN Nigeria Communications PLC, Toriola, Okigbo and Ikeme were alleged to have on or about June 18, 2024 did without sufficient cause failed to produce documents and or information which they were required to produce, “in compliance with a lawful Summons and Request to Produce dated May 17, 2024.”
The commission alleged that the compliance with same summon was further extended by a letter dated June 5, 2024 and they thereby committed an offence contrary to and punishable under Section 33 (3) of the Federal Competition and Consumer Protection Act, 2018.
In count two, the defendants were alleged to have “on or about June 18, 2024, in furtherance, and continuation of extant refusal to produce documents and supply information required by the commission under statutory notice and demand, did impede and obstruct the FCCPC’s ongoing limited initial inquiry and possible prospective investigation by refusing to produce and supply documents and or information” requested.
The offence is said to be contrary to Section 111 (1) of the FCCP Act, 2018, and punishable under Section 111 (2) of the same act.
The Nigerian Copyright Commission (NCC) had, in another matter, filed charge against MTN Nigeria Communications Ltd; its CEO, Toriola; MTN Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO.
The NCC, in the three-count charge marked: FHC/ABJ/CR/111/2024 presently before Justice Inyang Ekwo of a sister court, filed it on March 20, 2024.
The prosecution had alleged that the defendants, between 2010 and 2017, “offered for sale, sold and traded for business, infringed musical works of Maleke Moye, an artiste, without his consent and authorisation.”
The commission alleged that the defendants used Maleke’s musical works and sound recordings with subsisting copyright, known as “caller ring back tunes” without the authorization of the artiste, among others.
The copyright commission said the alleged offence is punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
Justice Ekwo had, on Feb. 25, adjourned the matter until May 15 for report, following the Attorney-General of the Federation (AGF)’s interest to take over the case.
However, the matter could not proceed on May 15 because the court did not sit.(NAN)
A Kaduna Magistrates’ Court on Wednesday sentenced a 39-year-old travel agent, Adebayo Oyeronke, to four years imprisonment over a N6.2 million visa fraud.
Oyeronke had pleaded guilty to the charges of fraud and theft.
Delivering judgment, Magistrate Ibrahim Emmanuel, held that Oyeronke was guilty of defrauding Rita Francis and four others of the sum of N6.
2 million.Emmanuel who did not give the convict an option of fine, ordered him to pay N2 million each as compensation to the victims.
The magistrate also ordered him to undertake an affidavit of good conduct, pledging never to engage in any criminal or corrupt activities again.
Earlier, the prosecution Insp.
Chidi Leo told the court that the convict committed the offences between December 2024 and April 2025 at Barnawa Kaduna.Leo said that the defendant collected N6.2 million from the complainants; Rita Francis, Mohammed Sadiq, Christian Baba, Williams Abiodun and Nathan Victor, with a promise to get them Polish visa.
He said after the convict collected the money, he absconded to an unknown destination until he was arrested on May 15.
The prosecutor said the offences contravened the Penal Code of Kaduna State, 2017. (NAN)
A 31-year-old woman, Opeyemi Bakare, on Tuesday appeared before an Iyaganku Chief Magistrates’ Court for allegedly stealing an iPhone valued at N500,000.
Bakare, of undisclosed address, was charged with two counts of conspiracy and stealing .
The prosecutor, Insp Iyabo Oladoyin, told the court that the defendant and others at large conspired and committed the offences on May 2 at 3.
30 p. m. in the Dugbe area of Ibadan.According to Oladoyin, the defendant stole an iPhone 12 valued at N505,000, belonging to the complainant, Mr Oluseyi Oba.
The prosecutor said the phone was stolen in Dugbe Market and was tracked to the defendant.
She said the offences contravened Sections 390 (9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The defendant pleaded not guilty to the charge.
The Magistrate, Mrs T.G. Daodu, admitted the defendant to bail in the sum of one million naira with two sureties in like sum.
Daodu thereafter adjourned the case until July 8 for hearing. (NAN)
A 31-year-old woman, Opeyemi Bakare, on Tuesday appeared before an Iyaganku Chief Magistrates’ Court for allegedly stealing an iPhone valued at N500,000.
Bakare, of undisclosed address, was charged with two counts of conspiracy and stealing .
The prosecutor, Insp Iyabo Oladoyin, told the court that the defendant and others at large conspired and committed the offences on May 2 at 3.30 p.m. in the Dugbe area of Ibadan.
According to Oladoyin, the defendant stole an iPhone 12 valued at N505,000, belonging to the complainant, Mr Oluseyi Oba.
The prosecutor said the phone was stolen in Dugbe Market and was tracked to the defendant.
She said the offences contravened Sections 390 (9) and 516 of the Criminal Code, Laws of Oyo State, 2000.
The defendant pleaded not guilty to the charge.
The Magistrate, Mrs T.G. Daodu, admitted the defendant to bail in the sum of one million naira with two sureties in like sum.
Daodu thereafter adjourned the case until July 8 for hearing. (NAN)
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