By Akin Kuponiyi

A lot of cases pending before Federal high court in Lagos, because of this lock down, may suffer serious setback. These cases cut across all shades: EFCC criminal  trials,civil litigations, admiralty matters, debt recovery suits (especially  AMCON) cases, drug related offences  cases being prosecuted by National Drug Law Enforcement Agency, NDLEA, Inland  Revenue cases, both Federal and State, Customs and  Exercise cases, Company and Allied Matters NAFDAC cases just to mention a few.

 

Before the current lockdown that is heading towards five weeks now with possibility of extension, the courts have been overwhelmed with these cases. The courts are supposed to go on judicial vacation from early  July to resume late September, Judges and the judicial officers who have been overwhelmed by work load, definitely need a break. Aside this  the environment they are working is not that conducive. At times, with the epileptic power supply the courts are without power to power the Airconditions and other working tools. Some of the Judges still write in long hands.

In addition, new cases, both civil and criminal cannot be filed neither can affidavits of any kind can be sworn to before of any of the commissioners of oath.

Aside this coming vacation which may have been altered due to this current unforeseen compulsory stay at home order, there was impending mass transfer of Federal high court judges  across all divisions in the country. That was why the Chief judge of the Federal high court, Justice John Tsoho ordered all the judges not to open new cases for trial,  which means some of these cases will be re-assigned to new judges to start afresh while some of the judges will be shuttling between their new stations and Lagos to conclude, partly heard cases which  may take a longer time than necessary. That is since the cases cannot be heard either on daily or weekly basis,only when periodic time are created for them.

Some of these notable cases are listed below:

PROFESOR  MAURICE IWU’S N1.23BILLON MONEY LAUNDERING CASE.

The trial of the former INEC boss Professor Maurice Iwu scheduled for 20th of April 2020,to commence have  been affected by the lockdown.

Professor Iwu is standing trial before the court on four count charge preferred  against him by the Anti graft Agency EFCC. It was alleged that Iwu between December 2014 and 27 March 2015, was alleged to have aided the concealment of N1.23bilion in the account of a limited liability company, Bioresources Institute of Nigeria Limited, the money he ought to have reasonably known to him that the money formed part of a proceed of unlawful act to wit :fraud.

Iwu is currently on bail.

ATIKU ABUBAKAR ‘S LAWYER TRIAL

 

Uyiekpen Giwa -Osagie, lawyer to the presidential candidate of the People’s Democratic Party in the last general election Alhaji Atiku Abubakar and his co-defendant Ehunse Giwa -Osagie are standing trial before the court on money laundering  related offences.

Uyiekpen Giwa-Osagie and Erhurse Giwa-Osagie in a three count charge were alleged to have conspired in Nigeria  sometimes in 2019 to commit an offence to wit :making cash payment in the sum of $2million without going through financial institution which sum exceeded the amount authorized by the law and thereby committed an offence contrary to section 18(a)and 1(a) of the money laundering (prohibition) Act 2011as amended and punishable under section 16(2)(b) of the same Act.

TRIAL OF THE FORMER SPEAKER LAGOS STATE HOUSE OF ASSEMBLY.

The trial of the  former speaker of Lagos state house of Assembly Adeyemi Ikuforiji and his aide Oyebode Atoyebi Alade for alleged laundering of N673million has already been adjourned till 30th of Sept, 2020,on the ground that, the Chief Judge of the Federal high court has directed  that new cases should not be commenced for trial because of the impending transfer of Judges.

The EFCC on the 11th of December, 2019 re-arraigned the former speaker and his aide before Justice Mohammed Liman after the Supreme Court has ordered the re-trial of the two defendants.

The former speaker and his aide were discharged and acquitted by a Federal High Court in Lagos of 54 counts amended charge of laundering N673 million

However when the case was pursued to the Supreme Court on appeal by the EFCC, the Apex court ordered for a retrial of the case by re-asingning the case to another judge of the Federal High Court.

In a  54 count amended charge of money laundering filed  against the Former Speaker of  Lagos State House of Assembly,  Adeyemi Ikuforiji, and his personal assistant, Oyebode Atoyebi before the court, it was alleged that Ikuforiji and Atoyebi between April 2010 and August 2011conspired together  to commit illegal act,to wit, accepting various cash payments amounting to the sum of N 673 million from the Lagos State House of Assembly without going through financial institution, thereby committed an offence contrary to sections 18a of the money laundering Act 2011.They are to continue on their former bail granted them by the court.

IFEANYI UBA AND HIS COMPANY ‘S ARRAIGNMENT OVER N135BILLION FALSE CLAIM.

The arraignment of the Chairman of Capital Oil and Gas company,Patrick Infeanyi Uba and his company Capital Oil and Gas that was supposed to take place on the 2nd of April, 2020,was also affected by this lockdown

In a four- count charge filed before a Federal high court sitting in Lagos south west Nigeria by EFCC, Ifeanyi Uba and his company Capital Oil and Gas industries sometimes between 2012and 2018 were alleged to have made false claims in relation to the actual values of certain assets transfer to Asset management corporation of Nigeria AMCON under the consent judgement delivered in a suit and which the assets were transferred in partial payment of the indebtedness of Capital Oil and Gas industries with a view to defeating the realisation of the said judgment debt Capital Oil and Gas industries to AMCON then standing in the sum of N135milion contrary to section 54(1)(a) and(b)of the AMCON Act 2010(as amended)

 

FIRST BANK VS BADAGRY LOCAL GOVERNMENT.

The suit instituted by First bank of Nigeria Limited,against the  Badagry local Government and Badagry local Government staff cooperative multipurpose Limited to recover a debt of N100,902,899.54. The payment was alleged to have been diverted by the executives of the multipurpose Corporative society with the active conanvance of the Badagry local Government.

FEMI FANIKAYODE ‘S TRIAL.

The  trial of the former Aviation minister, who was Director of Campaign Organization of former president Goodluck Jonathan, Chief Femi Fanikayode who is standing trial alongside, former finance minister Nnenadi Usman , Former Chairman of the Association of the local Government of Nigeria ALGON Yusuf Danjuma and a limited liability company Jointtrust Dimension Limited all of them facing 17 count charge of  alleged laundering of N4.6billion.

 

CRIMINAL TRIAL OF NAIRA  MARLEY

The  on going  trial of the entertainer Azeez Fashola a. k. a. Naira Marley for his alleged involvement in credit card fraud  suppose to be continued on May 13,2020.

However with the current lockdown, that is prone to either further extension or modification for extension, with the possibility of attending to cases that suppose to be heard during the lockdown first, the actual date of continuation of trial may not be certain.

Azeez Fashola is standing trial on an alleged eleven count charge of conspiracy and credit card fraud

ISMAILA MUSTAPHA A. K A. MOPHA

The Economic and Financial Crimes Commission (EFCC) in a N33billion money laundering charge filed against a suspected internet fraudster, Ismaila Mustapha, also known as Mompha.

Mompha was  arraigned on 14 counts charge bordering on the offences before the court

The anti-graft agency filed the charge against the defendant on November 20, through its counsel, Mr Rotimi Oyedepo.

The charge, signed by Oyedepo, alleged that Mompha laundered the funds through a firm, Ismalob Global Investment Ltd, between 2015 and 2018.

Islamob Global Investments is the second defendant in the charge.

The EFCC claimed that the funds, were moved in tranches of N18,059,353,413 billion and N14,946,773,393.00 billion.

The commission further alleged that both defendants, not being a financial institution, or an authorized foreign exchange dealer, negotiated a foreign exchange transaction in the sums of N9.416million, N20 million, N10,437,400.00, N10miillion, N2.46million, N10miillion, N100million, N61million, N100million, N40.7million and N42million.

The commission alleged further that Mompha “between 2015 and 2018… procured a limited liability company, Ismalob Global Investment Ltd to retain the aggregate sum of N18,059,353,413 in its account  which sum he reasonably ought to have known formed part of the proceeds of unlawful act to wit: fraud.

Mompha, between 2015 and 2017, also allegedly aided the company “to retain the aggregate sum of N 14,946,773,393.00  from Pitacalize Ltd.

Both actions offended Sections 18(3) and 15(2)(d) of the Money Laundering Prohibition Act.2011 as amended and punishable under section 15 (3) of the same Act,

The other charges read: “That you Ismaila Mustapha and lsrnalob Global Investments Limited, on or about the 17th day of December, 2015, not being an authorized seller appointed by the Central Bank of Nigeria pursuant, negotiated a foreign exchange transaction in the sum of N9,416.700.00

(Nine Million Four Hundred and Sixteen Thousand Seven Hundred Naira) with Mr. lkechukwu Kingsley Onuzulike.

FAYOSE’S TRIAL

The embattled former Governor of Ekiti state, Ayodele Fayose  is being prosecuted by the Economic and Financial Crimes Ccommission (EFCC), over alleged  N6.9billion of money laundering charges.

He was first arraigned on Oct. 22. 2018, before Justice Mojisola Olatotegun, alongside his company, Spotless Investment Ltd,  on 11 counts of money laundering

He had pleaded not guilty to the charges and was granted bail on Oct. 24, 2018, in the sum of N50 million with 2 sureties in like sum.

He was subsequently, re-arraigned before Justice Chukwujekwu Aneke, on July 2, 2019, after the case was withdrawn from Olatoregun, following EFCC’s petition.

He also pleaded not guilty to the charges and was allowed to continue on the earlier bail granted him while the case was adjourned for trial.

The commission has since opened its case, and is still leading witnesses in evidence.

According to the charge, on June 17, 2015,a cash payment of the sum of five million dollars, (about N1.8 billion) from the then Minister of State for Defence, Senator Musiliu Obanikoro, without going through any financial institution.

He was also alleged to have retained the sum of N300 million in his account and took control of the aggregate sums of about N622 million which sum he reasonably ought to have known formed part of crime proceeds.

Fayose was alleged to have procured De Privateer Ltd and Still Earth Ltd,  to retain the aggregate sums of N851 million which they reasonably ought to have known formed part of crime proceeds.

Besides, the defendant was alleged to have used the aggregate sums of about N1.6 billion to acquire properties in Lagos and Abuja, which sums he reasonably ought to have known formed part of crime proceeds

The offences contravenes the provisions of sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d),  and 18 (c)  of the Money Laundering Prohibition Act 2011

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AGAGU’S  FAMILY DEBT PALAVER

After filling a case of debt recovery of N32,136,877.25 against Olufunke Ibidun Agagu the wife of former Governor of Ondo state Olusegun Agagu, one of his children Agagu Feyisayo Opeyemi and Central and SecuritIran Clearing System Plc ,AMCON has filed an application before the court urging the court to enter summary judgement against the defendants, since there was no appearance or defence filed on behalf of Feyisayo Opeyemi and Olufunke Ibidun since the debt suit was filed,however  the case has been stalled due to the current COViD 19 log jam

In a bid to recover a debt of  N32,126,877.25 from the defendants by AMCON granted  by virtue of a letter of offer of loan value at N6,177,600.dated 19th June, 2007 for the acquisition of UBA approved shares from the capital market or  public offer.

The loan had a tenor of repayment period of 12 months and ought to have been fully repaid by 18th June,2008.

However the loan remains unpaid to date and was accordingly categorized as non performing loan.

AMCON avers that it is entitled to judgement against Agagu Feyisayo Opeyemi  as per its statement of claim,  having failed to repay the outstanding loan facility.

Pursuant to an application filed by AMCON on October 9,2018 the court granted an interim order on 12th of December,2018 directing  Central Securities Clearing System Plc to transfer the subject shares to AMCON  to preserve same pending the filing of the substantive suit.

However in a calculated attempt to over reach and foist fait accompli on the order of the court and frustrate the efforts of AMCON to recover the debt, Agagu Feyisayo Opeyemi having ostensibly gotten wind of the order purportedly sold and transferred the subject shares to his mother Agagu Olufunke Ibidun on 13th December, 2018.

Consequently AMCON claims against Agagu Feyisayo Opeyemi are as follows:

An order against him for the payment of the sum of N32,136,877.25 being the outstanding sums he  owed AMCON

Interest at the rate of 15% per annum from 16th of August, 2018 until judgement and thereafter at the rate of 10% per annum until liquidation of the judgement sum.

An order granting AMCON a power of sale in respect of the stocks clearly identified to belong to  Agagu Feyisayo Opeyemi and all other shares owed by him to be applied towards liquidation of his indebtedness.

An order nullifying the purported sale of the shares by Agagu Feyisayo Opeyemi to his mother on the premise that the said illusory sale made on 13th December, 2018 was a deliberate and calculated attempt by Agagu Feyisayo Opeyemi to overreach the court and foist a fait accompli on the order of the court.

TWO LIABILITY COMPANIES N7BILION SUIT AGAINST FIRST CITY MONUMENT BANK.

 

Two  limited liability companies SUNLEK INVESTMENT LIMITED and SUNSTEEL INDUSTRIES LIMITED slammed  N7billion suit on First City Monument bank Plc FCMB over breach of contract.

In a 126 paragraphs of statement of claim accompanied by another 27 paragraphs of a witness sworn to on oath and  filed before a Federal high court sitting in Lagos south west Nigeria by a Lagos lawyer Mr. John Olusegun Odubela SAN ,the two companies alleged that they operated loan accounts with First City Monument Bank upon which disbursement was made for all letters of credit /loan facility granted to  them by the bank for the importation of raw materials.

However since 23rd May, 2013 when the bank entered into an agreement to grant them loan, and open a loan facility account for them till date, they have not been given the particulars of the loan facility account neither has any statements of account of this loan account been made available to them.

The plaintiffs Companies alleged further that by commitment letter dated 23rd May,2013 and the term sheet for facility duly signed /executed by the two parties FCMB commits and undertakes to fund on fully-underwriten basis the debt finance of $1,500,000 and N422,500,000.Thereafter other loans facilities were granted to the companies by the bank.

The total amount of the letters of credit opened by the bank in favour of the companies is $8,003,247.5 out of which said sum the companies  contributed  10% based on the terms of the grant of the various offer for facility utilized to open letters of credit from 22nd ,March 2013 to September, 2017.The loans facilities were well secured.

The Plaintiffs contended that from the available records available to  them,it was  reflected that they have fully repaid their indebtedness to the Bank

Consequently, the plaintiffs claim against FCMB jointly and severally are as follows :

General damages in the sum of N5billion.

A declaration that the plaintiffs are not indebted to the bank in any sum premised on the fact that they  have settled all their indebtedness on the facilities granted to them by the bank.

A declaration that the bank breach  the terms of letter of credit  and is liable for the loss of the letters of offer on importation, in the sum of $1,999,865.

A declaration that the bank is liable to refund to the plaintiffs N884,934,298.56,being the losses uncured on the damaged consignment purchased through letters of credits,and failure and refusal of the bank to obtain an all risk insurance policy for the shipment of the said consignment.

An order for the payment of N826,996,135.00 being the total sum wrongly debited on the plaintiffs account by the bank.

Cost of litigation assessed at N250million.

 

N32 BILLIONDEBT:COURT ORDERS  AMCON TO TAKE OVER PROPERTIES OF HOMETRUST  SAVINGS  & LOAN BOSS.

The Federal high court has ordered AMCON to take  possession of seven choice properties scattered across Lagos island in Lagos state belonging to a Lagos businessman Samuel Olufunmilayo Ademosun and his wife Toluleke Ademosun

pending the hearing and determination of the debt recovery suit filed against them by AMCON

However,the substantive suit, and application filed by the defendants to set aside the order of the court have been affected by the lockdown

The properties were alleged to have been used as securities for credit facilities granted by some banks to two companies  Hometrust Saving &Loans limited and Magna Building Society Limited.

The court also ordered that nine bank accounts belonging to Samuel Olufunmilayo Ademosun domicile in two different banks, and four bank accounts of Hometrust Sayings &Loans Limited should also be frozen pending the hearing and determination of the debt recovery suit to be filed by AMCON.

The court also directed the central Securities  Clearing System Limited to place lien in favour of AMCON over the shares belonging to Hometrust Savings &Loans Limited, Samuel Olufunmilayo Ademosun and Toluleke Ademosun in seven commercial banks and Investment & Allied Insurance company Limited. used as security for the credit facilities granted to Hometrust Savings &Loans limited company

The total of the debt owed the AMCON by Home trust Savings & loans limited, and Samuel Olufunmilayo Adenmosun as at 31st January,2019 are as follows :

Ecobank-N29,121,017.752,21

Union Bank plc-N91,065,219.52

Polaris bank plc-N1,673,903,046,.90

Access bank Plc -N1,014,040,445.81

Total-N32,,031,255,380.44

THE TRIAL OF ATIKU’ S SON IN LAW

Abdulahi Babalele is the son in law of Atiku Abubakar ,accused of laundering $140,000.

In a charge filed against him by the EFCC, Babalele was accused of procuring one Bashir Mohammed to make a cash payment of $140,000 without going through financial institution, the money exceeded the threshold stipulated by money laundering law, the case suppose to come up on April 2,for continuation of trial but that was  not to be,another date have to be fixed.

 

 

N15 BILLION FRAUD: Ex-GULF  BANK MD  BABAJIDE ROGERS, EIGHT OTHERS FACE CRIMINAL CHARGES.

A Federal high court sitting in Lagos south west Nigeria initially  adjourned till 21st of April, 2020, when the former Managing Director of  defunct Gulf bank of Nigeria Plc Babajide Rogers and five others and three companies alleged to have defrauded the defunct bank to the tune of N15billion would be arraigned before the court.

Other defendants are prince Adekunle Adeyeba former Director and majority shareholder of Gulf bank, Gareth Mervyn Wilcox Managing Director of Ibom power company, Uche Uwechia former company secretary of Gulf bank, ignatius Ukpaka Managing Director and Chief Executive Officer of Taurus Shelter limited, John Ezegwu,and three companies, Ibom power company, LYK Enginering Company limited and Taurus shelter limited.

The Attorney General of the Federation Abubakar Malami in authorisation letter dated 1st of September, 2016 issued in accordance to section 174 of the constitution of the Federal Republic of Nigeria 1999 has authorize a Kano based lawyer chief O. E. B. Offiong to prosecute the defendants.

In a fourty seven count fourth amended criminal charge  number FHC/L/479C/2013 filed before the court by the prosecuting counsel Chief O. E. B. offiong SAN. It was alleged that prince Johnson Adekunle Adeyeba,former Director /majority shareholder of the defunct Gulf Bank of Nigeria Plc,Babajide Rogers, former managing Director and Chief Executive officer of the bank, Uche Uwechia former company secretary of the bank with other principal staff members of Gulf bank now at large on between April 2001 and September 2004,knowingly, recklessly, negligently and willfully without regard to laid down procedures for the granting of loans, proceeded to grant loan in the sums of N4,160,000,000.00 and $55,300,000 and N237,290,009.00

This adjourned date of April 21,2020, for arraignment can no longer hold another date have to be fixed after the lockdown.

 

N345MILLION  DEBT: COURT URGED TO WIND UP CNS MARINE NIGERIA LIMITED COMPANY.

The lock down of courts due to the COVID-19 pandemic has forestalled the hearing of a winding up petition filed by an Oil and Gas company Marine Platforms limited against Freight Forwarder and clearing agent company CNS MARINE NIGERIA limited till after the lock down.

The winding up petition filed before a Federal high court sitting in Lagos south west Nigeria against CNS  Marine company was as a result of the company’s inability to pay a debt of $271,452.06 and N237,290,009.00

This is one of the company and Allied matters  that have been affected by the current world pandemic.

THE LEGAL BATTLE BETWEEN AMCON AND THE EX-AFN PRESIDENT RAGES ON OVER DEBT OF N513,534,765.76

in bid to recover a debt of N513,534,765.76,Asset Management

Corporation of Nigeria AMCON  has dragged the former commissioner  for sports in Delta state and one time president of Athletics  Federation of Nigeria Solomon Ogba and his company Cleopas Communication limited before a Federal High Court sitting in Lagos,  south west Nigeria.

In an affidavit sworn to by one Benjamin Akahi, and filed before the court by an Abuja based lawyer Oluwatosin Ajayi,  it was alleged that at various times between 2006 and 2007 Cleopas Communication company applied for various margin facilities and Enhancements, from Oceanic bank International for the purposes of promoting their business objectives and acquiring shares, in certain companies in Nigeria.

The aggregate of all the sums of money advance by the bank to the defendants amounts to the sum of N380million

Upon the expiration of the tenor period advance to the company the defendants ignored, refused and neglected to pay or liquidate its debt to the bank.

Eventually the bank’s interest and right in respect of the said loan facilities were acquired by AMCON, who  later became entitled to the benefits, rights and interest of the unpaid loan.

As at the time of acquisition of the debt by AMCON from Oceanic bank in January 2011 the sum due and outstanding for payment was the sum of N298,505,439.42,and since then the aforementioned sum has continued to accumulate interest at the rate of 15%per annum.

In view of the recalcitrant posture of the defendants, towards liquidating the indebtedness to the plaintiff ,AMCON briefed and instructed the law firm of Gerald Green and associate, to recover the debt due to AMCON from the defendants.

Pursuant to the instructions the said law firm wrote two letters to the defendants urging them  to take steps in liquidating their indebtedness, notwithstanding the said letters the defendants have failed and refused to liquidate their indebtedness.

Meanwhile, the court has made the following  orders against the defendants:

An order   granting interim possession and compelling the respondents to deliver possession of all their shares held in various blue chip companies.

The court has also granted an order freezing the company’s account in several banks pending the final determination of this case.

AMCON by this legal action is claiming against the defendants as follows:

The sum of N513,534 765.76 representing the principal sum plus all the accrued interest at the rate of 15% per annum drawn up to the 15th day of November, 2018.

The sum of N4million as cost of filling and prosecuting this claim.

However in a statement of defence and counter claim accompanied with defendants witness on oath sworn to by Chief Solomon Ogba  and filed before the court by a lawyer, Barrister Victor Obaro,the defendants while denying almost all the claims of AMCON, stated that at no point in time did they approach the defunct Oceanic bank International Plc for credit facilities nor was there any credit facility granted Cleofas company as alleged by AMCON.

The defendants alleged further that the purported letter dated 29th of March 2007 purportedly applying to the bank for a margin facility of 320 million did not emanate from Cleofas Company

rather, Cleofas company opened a margin account with Oceanic Capital Assets Management Ltd on the 3rd of May,2006 with the sum of N30million for the purchase and sale of shares to be managed by Oceanic Capital, being an assets management Company.

Between the period of May 2006 when Cleofas  marging account was opened several shares were purchased and sold for the company by Oceanic Capital running into millions of Naira.

On the 7th of May, 2007proffesional advice of Oceanic Capital,Cleofas company obtained a margin loan of N50million from Oceanic Capital Assets management to acquire shares of International Energy Insurance Plc and GTBank Plc.

Thereafter Oceanic Capital who managed the Cleofas company continue to unilaterally invest funds in the cleofas margin account to  buy and sell shares based on their professional skills and knowledge of the stock market and to recover the N50nillion loan facility from the sale of the shares.

Oceanic Capital was alleged to have purchased some shares for Cleofas company and fraudulently converted and appropriated the shares itself, Cleofas company on becoming aware of the unprofessional   conduct protested the conversion of its share by the Oceanic Capital and its management staff.

It was  further stated that Cleofas company by its letter. dated 16th January ,2020 instructed Oceanic capital to liquidate facility from fac

from the proceeds Of the sales to liquidate share of international any the

Consequently the defendants/ counter claim as follows :

An order  directing AMCON to return  the share  of the defendant in custody of AMCON,Then the court should award

damages in their favour

 

SARAKI URGE COURT TO VACATE FORFEITURE ORDER OF HIS HOUSE.

Former Senate President, Dr Bukola Saraki, in an application filed before a Federal high court sitting in Lagos south west Nigeria is urging the court to  dismiss a suit filed by the Economic and Financial Crimes Commission seeking  the permanent forfeiture of his Ilorin houses,that has been temporarily forfeited to the Federal Government of Nigeria.

In seeking the order of the court Dr Saraki contended that the suit is an abuse of court processes.

The ruling on this application to set aside the order of forfeiture or not fixed for  April 27.2020 by the presiding Judge Rilwan Aikawa, Is now uncertain.

Saraki described the suit as a ploy by the EFCC to review the July 6, 2018 decision of the Supreme Court “discharging him from culpability arising from the same money and houses which are the subject matter of this suit .”

EFCC , in a suit filed before the court, claimed that the houses – Plots No. 10 and No. 11 Abdulkadir Road, GRA, Ilorin, Kwara State – were acquired with proceeds of unlawful activities allegedly perpetrated by Saraki while he was Kwara State Governor between 2003 and 2011.

The presiding Judge, Justice Rilwan Aikawa had on December 2, 2019 ordered the temporary forfeiture of the houses to the Federal Government,thereafter adjourned for Saraki to appear before him to give reasons why the houses should not be permanently be  forfeited to the Federal Government.

However in a response filed by his lawyer Kehinde Ogunwumiju (SAN), through a preliminary objection, challenging the territorial jurisdiction of the court to entertain the suit Mr. Ogunwumiju said the new suit by the EFCC was an abuse of court processes because it was filed at a time when a suit on the same subject matter was still pending at the Federal High Court in Abuja.

He contended that in the Abuja suit, the presiding Judge, Taiwo Taiwo had on May 14, 2019 made an order for parties to stay action on the subject matter pending the determination of originating motion on notice pending before him.

“Despite the pendency of the above mentioned  suit, service of the court  processes and the subsistence of the aforementioned order of the court, the respondent surreptitiously commenced another suit:

FHC/L/CS/1867/2019 between the EFCC v Dr Bukola Saraki on

14th October 2019 in this court where it seeks orders aimed at neutralising the order of the Abuja division of the same  court,” he said

The EFCC, in a suit filed before the court averred that, the anti graft agency  received “a damning intelligence report, showing monumental fraud perpetrated in the treasury of the Kwara State Government between 2003 and 2011,” when Saraki was the Governor of the state.

An operative of the EFCC, Olamide Sadiq in an affidavit sworn to and filed before the court averred that “Whilst investigation was ongoing several fraudulent transactions were discovered.

“I know for a fact and verily believe that our investigation has revealed the following mind-boggling findings, among others:

“That between 2003 and 2011, Dr Olubukola Abubakar Saraki was the Executive Governor of Kwara State.

“That whilst he held the aforementioned position, the common pattern was that after payment of monthly allocation by the Federal Government to the Kwara State Government, a cumulative sum of not less than N100million will be deposited into the Kwara Government House account.

That upon the payment of the said N100million same will, in turn, be withdrawn in cash by one Mr Afeez Yusuf from the Kwara State Government House, Ilorin’s account in bits and brought to the Government house.

-Stories compiled by Kuponiyi,Head  Judicial/Crime desk