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Ibru’s Loot: Court Orders EFCC To Furnish Details
A Federal High Court last Friday ordered the Economic and Financial Crimes Commission (EFCC) to furnish Mr Boniface Okezie, with details of property recovered from Mrs Cecilia Ibru within 72 hours.
Ibru who was former Managing Director of Oceanic Bank Plc, was convicted of mismanagement of depositors’ funds and reckless grant of credit facilities in October 2010.
Some money and property were also recovered from her.
Justice Mohammed Idris, delivering judgment in a suit filed by Okezie, president of the Progressive Shareholders Association of Nigeria, (PSAN) in Lagos, directed the EFCC to provide the plaintiff with details of the recovered property.
Apart from the EFCC, the Attorney-General of the Federation (AGF), was joined as defendant in the suit.
Our correspondent reports that Okezie had instituted the suit against the defendants in December 2012, under the provisions of the Freedom of Information Act, 2011.
The plaintiff, through his counsel, Mr Chuks Nwachukwu, had sought among other reliefs, an order of court, compelling the EFCC to disclose the total cash and value of properties recovered from Ibru.
Okezie also sought to ascertain the location of the recovered assets and what portion had been returned to Oceanic Bank and its shareholders.
The plaintiff also required information on the source of funds and amount paid to the EFCC for the prosecution of former bank chiefs in Nigeria.
He requested for the list of criminal prosecution carried out by the EFCC through private lawyers and the reason for not utilising lawyers in the commission.
The plaintiff sought an order compelling the AGF to disclose the list of criminal prosecution carried out by the Ministry of Justice through private lawyers.
He also sought to know why the Ministry of Justice had resorted to the use of private lawyers for prosecution, instead of lawyers in the ministry.
Okezie sought to ascertain the cost of such prosecution by the private lawyers.
Justice Idris, in his judgment, held that the FOI Act required all public institutions to proactively disclose information about their structure and process.
He said that where such information was required, the institution had a duty to provide same within seven days.
The judge said that where a valid reason exists for non disclosure, it should be stated in writing to the applicant within seven days.
Idris held that by the provisions of Section 2 and Section 3 of the FOI Act, the plaintiff was conferred with the requisite ‘locus standi’ to institute the suit.
According to the judge, the plaintiff did not need to demonstrate any specific interest in the information before it is provided for him.
“By the provision of the FOI Act, where an information is sought, public institutions are required to deliver same within seven days.
“Where, however, it declines, it must elicit valid grounds for its refusal in writing to the applicant within seven days,” he said.
According to the judge, it appears that the AGF has not declined to provide the required information, but sought for adequate time within which to collate and serve it on the applicant.
He said that the EFCC, however, had bluntly refused to comply.
“I am of the view that on receipt of the plaintiff’s request, the EFCC had a duty to respond, but in this case they simply kept mute.
“Let me say that none of the defendants has such powers under the law.
“The EFCC had failed to file any counter affidavit stating the reasons for its failure to avail the plaintiff with the required information.
“In my view, the defendant did not show that by its non disclosure, it was protecting the certainty, deliberative or policy making process within the agency.
“The EFCC has not shown that it is protecting the disclosure of information that will constitute a clearly unwarranted invasion of the privacy of individuals in the agency, or that would contaminate its court proceedings,” he said.
The judge said he was of the view that none of the information required by the plaintiff threatens the national security.
“Obedience to the rule of law, especially by those who take oath of office in public institutions, is a ‘desideratum’ to good governance.
“Judgment is hereby given in favour of the plaintiff, and the defendants are directed to provide the said information within 72 hours of this judgment.
“The law is the last resort of human wisdom and the court will never sanction what is injurious to the public,” Idris said.
Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.