The Federal High Court in Abuja has frozen seven
separate accounts which, according to the Economic and Financial Crimes Commission,
were used by the Nigerian Governors’ Forum to launder the sum of N10bn said to
be derived from the proceeds of the Paris Club refund.
Justice Gabriel Kolawole directed on Wednesday
that the freezing order would last for 45 days within which the EFCC must
either institute charges in respect of the transactions against the relevant
suspects or apply to the court for an extension of the order.
The judge also gave seven days to the account
owners, if interested in seeking the setting aside of the freezing order, to
file an application which must be served on the EFCC.
The frozen accounts are 0002184449 with
Jaiz Bank Plc and operated by HAD Properties Limited; 0025600864 with Guaranty
Trust Bank Plc and operated by Hassan Ahmed Danbaba; as well as 0005892453 with
Access Bank Plc and operated by Melrose General Services Coy.
They also include one Access Bank account,
0045824054 and another Zenith Bank Plc account 1010948906, both of which belong
to Bina Consult and Integrated Services.
The rest are two Access Bank Plc accounts –
0700755576 and 0700946008 – belonging to Farouk Adamu Aliyu and Malam Alu Agro
Allied Company Ltd., respectively.
EFCC’s lawyer, Mr. Ben Ikani, had moved the ex
parte application seeking the freezing of the accounts on November 27,
following which Justice Kolawole adjourned till Wednesday for ruling.
The commission alleged that its preliminary
investigation had revealed that the N10bn was fraudulently diverted by the NGF
under the guise of paying consultancy fee to BizPlus GSCL Consortium which the
Forum engaged “to carry out reconciliation of accounts and recover the amounts
due to the states” from the refund of the over-deducted payment of Paris Club
debt by the Federal Government from 1995 to 2002.
In an affidavit filed in support of the EFCC’s ex
parte motion, a member of the Special Investigation Committee, set up by the
commission to investigate the alleged Paris Club refunds scam, Osas Azonabor,
alleged that preliminary investigation had revealed that the NGF caused the Central
Bank of Nigeria to pay N19,439,225,871.11 into its account for onward payment
to BizPlus as consultancy fee.
But the investigator stated that N10bn of the
N19.4bn paid to the NGF account by the CBN was fraudulently disbursed to the
seven accounts of companies and individuals, who were not part of the said
BizPlus GSCL Consortium.
Detailing how the fraud was allegedly
perpetrated, Azonabor alleged that the NGF had agreed to pay success fee of two
per cent to BizPlus GSCL Consortium.
But the investigator alleged that upon the
success of the recovery, rather than stick to the two per cent fee, the NGF
caused the Central Bank of Nigeria to deduct five per cent, amounting to the
N19.4bn.
He said, “That sometime in January 2017, the
applicant (EFCC) received intelligence in respect of a case against the
Nigerian Governors’ Forum alleging conspiracy, criminal misappropriation of
public funds involving the sum of N19,439,225,871.11 out of the Paris Club
refund made by the Federal Government in favour of the 36 states of the
federation.
“That preliminary investigation conducted by the
commission revealed that the 36 state governments, under the auspices of the
NGF, engaged the services of Bizplus GSCL Consortium to carry out
reconciliation of accounts and recover amounts due to the states from line
charge made on them from 1995 to 2002 for a success fee of two per cent payable
by the NGF.
“That investigation further revealed that
contrary to the agreed fee of two per cent as stated in paragraph 6 above, NGF
caused the Central Bank of Nigeria to deduct five per cent of the amount due to
the states which amounted to the sum of N19.4bn (stated in paragraph 5 above)
and paid the same into the NGF account, supposedly for onward payment to the
Bizplus GSCL consortium.
“That our investigation of the case further
revealed that a larger part of the amount stated in paragraphs 5 and 7 above
was fraudulently disbursed by the NGF to individuals and corporate entities
that were not part of the consortium.
“That the names, account numbers and bankers of
the fraudulent beneficiaries of the criminal diversion of the public funds are
as stated in the schedule to this application and that copies of the statements
of accounts showing the disbursements is hereby attached and marked Exhibits
EFCC1, 2, 3, 4, 5, 6 & 7 respectively.
“That further investigation revealed that those
individuals and corporate entities were used by the NGF to launder over N10bn
under the guise of paying consultancy fees to the Bizplus GSCL Consortium
which, however, found its way to the various accounts listed in the schedule to
this application.”
Justifying the commission’s request for the
freezing order, Azonabor stated that the 72 hours stop-order allowed by law to
be placed on any account suspected to be involved in suspicious transaction or
any crime had expired, but investigation had yet to be concluded.
He maintained that the court order freezing the
accounts was needed to enable the EFCC to carry out its investigation to a
logical conclusion.
He said, “That further to the foregoing, I am
aware that substantial amounts from the fraudulent disbursements into these
accounts have further been laundered to some other accounts or withdrawn as
cash. While discrete investigation is currently ongoing, the 72 hours stop
order allowed by law to be placed on any account suspected to be involved in
suspicious transaction or any crime has expired.’’
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