Connect with us

Archives

EFCC seizes three mansions from Shema

Published

on

  • As Patience Jonathan issues 14-day ultimatum to EFCC to unfreeze bank accounts

Detained former Katsina State Governor  Ibrahim Shema’s three mansions have been seized over his alleged involvement in a N74.6billion fraud. The houses remain seized until the Economic and Financial Crimes Commission (EFCC) concludes its probe of the allegation.

Shema was subjected to another round of grilling yesterday by the commission.

Operatives of the anti-graft agency stormed Katsina on Monday following preliminary interaction with the ex-governor.

The detectives sealed off the ex-governor’s houses at 1 GRA Modoji Road, Barhim Estate, Madachi Road and Makera Estate, Kirni Road.

A source in the EFCC, who pleaded not to be named because he is not authorised to talk to the media, said: “Our investigative team on Monday grilled the ex-governor for some hours on more contracts executed during his tenure.

“Also, in line with the ongoing probe, we have placed three houses of the ex-governor in Katsina under Interim Assets Forfeiture  – in line with Sections 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004.”

Section 28 of the EFCC Act reads: ‘Where a person is arrested for an offence under this Act, the Commission shall immediately trace and attach all the assets and properties of the person acquired as a result of such economic or financial crime and shall thereafter cause to be obtained an interim attachment order from the Court.’

Section 13 of the Federal High Court Act reads in part: “The Court may grant an injunction or appoint a receiver by an interlocutory order in all cases in which it appears to the Court to be just or convenient so to do.

“Any such order may be made either unconditionally or on such terms and conditions as the Court thinks just.”

Responding to a question, the EFCC source added: “We have restricted the movement of the ex-governor to the country until the conclusion of the investigation.

“Shema is still in our custody. We have a warrant to detain him for a while.”

Following a petition by the government of Katsina State, the EFCC quizzed Shema on alleged diversion of N18.6billion by himself, his sons and cronies.

It also asked the ex-governor to account for alleged mismanagement of over N56billion in seven years and N30billion security votes by the Ministry of Local Government and Chieftaincy Affairs.

Shema’s Media Team head, Oluwabusola Olawale, in a statement in Abuja, said: “We have reiterated it on different occasions that former Governor Ibrahim Shehu Shema has nothing to fear and he is ever ready to defend himself, but he should not be subjected to political and media trial.

“All he wants is fairness, justice and equity in accordance with the rule of law. Former Governor Shema left Katsina State as a debt-free state despite the massive infrastructural development during his eight year tenure.”

In the meantime, lawyer to former First Lady, Mrs. Patience Jonathan, Timipa Okponipere, Senior Partner of First Law Associates, has given the Economic and Financial Crimes Commission, EFCC, 14 days with effect from September 18, to unfreeze her accounts and tender a public apology to her.

In an open letter to EFCC Chairman, Ibrahim Magu,  urged the commission to leave Mrs. Jonathan alone, warning that if it refused to conform, “We shall file an action at the African Commission on Human Rights at the Gambia demanding N5 billion in exemplary and punitive damages.”

The lawyer said: “There is no established legal or political precedent for what the EFCC is currently doing to our client. How many former first ladies in Nigeria have received the Patience Goodluck Jonathan treatment, to have warranted the EFCC to have the effrontery to freeze our client’s accounts and subject her to public opprobrium, ridicule and disgrace? This nonsense must stop forthwith.

“Our client is a respected senior citizen of international repute, a retired Permanent Secretary and the immediate past First Lady of the Federal Republic of Nigeria. Our client is a law-abiding citizen who has never, or at all, been the subject of any criminal and/or financial investigation, whether at home or abroad. Accordingly, she has not been found guilty of any criminal conduct throughout a sparkling public service career spanning over 35 years.

“During the five years our client served as first lady, she was the Initiator/Founder of the  Aruera Women Foundation, as well as the Women for Change Initiative,  both of which are non-governmental organisations,  substantially contributed to the 35 per cent affirmative action for women in the country. Our client is the recipient of numerous local and international awards in recognition of her untiring commitment towards uplifting the living standard of women, children and the aged in Nigeria.

“Sir, it is against this sterling and meritorious background of our client that we most respectfully, write to draw your attention to the numerous breaches of the 1999 Constitution (as amended) and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act 2004 committed by EFCC in the course of the commission’s illegal and unlawful investigation of our client for alleged money laundering.

These investigations have reportedly led to the freezing of our client’s accounts and led to untold consequences in our client’s health and wellbeing. “The EFCC must realise that the EFCC (Establishment) Act 2004 is inferior in content and quality to both the 1999 Constitution of the Federal Republic of Nigeria (As amended) and the African Charter on Human and Peoples Rights, 2004.

“To that extent, it is trite law that, where there is a conflict or an inconsistency between the EFCC Act, on the one hand and the combined provisions of the 1999 Constitution (as amended) and the African Charter on Human and Peoples Rights 2004, on the other hand, the extant provisions of the 1999 Constitution (as amended) and the African Charter on Human and Peoples Rights 2004 must necessarily prevail to the extent of the said inconsistency.

“However, we note, with regret, that in the current matter involving the curious and bizarre investigation of our esteemed client, the EFCC under your watch has not only undermined the 1999 Constitution (as amended) and the African Charter on Human and Peoples Rights; the Commission has actually conducted itself in a most desperate, despicable and arrogant manner. This is rather unfortunate.

“Consequently, the special powers of the Commission as defined by Section 7(1) & (2) of the EFCC Act 2004 to, among others, “cause investigations to be conducted into the properties of any person if it appears to the Commission that the person’s life style and extent of the properties are not justified by his source of income,” is inconsistent with and contrary to the mandatory requirement of Section 36(6)(a) & (b) of the 1999 Constitution (as amended), which states thus: “Every person who is charged with a criminal offence shall be entitled to – (a) be informed promptly in the language that he understands and in detail of the nature of the offence; (b) be given adequate time and facilities for the preparation of his defence.

“The necessary implication or import of Section 36(6)(a) & (b) of the 1999 Constitution (as amended) is that the EFCC’s so-called power to arbitrarily and unlawfully investigate our esteemed client and thereby, freeze her accounts with total sum in excess of N15 million US dollars, which are domiciled with Skye Bank Plc is not absolute, he said.

Okponipere stated: “ Sir, it is our client’s brief that there is no formal criminal complaint of economic and financial crime as defined by the EFCC Act 2004 written by any person or institution against her which warranted the EFCC to freeze her accounts.” “It is also our client’s brief that the EFCC failed to obtain a court order as required by Section 34 of the EFCC Act before her accounts were frozen.

“It is our client’s further brief that up until the writing of this open Letter, she has not received any formal invitation to appear before the Commission for questioning; whereas her accounts domiciled with Skye Bank Plc have since been frozen by the Commission without recourse to her,” he said. The solicitor said: “The argument put forward by the Commission in the public domain that, “investigations are ongoing…Mrs. Patience Jonathan shall be invited in due course,” are not only vexatious and provocative. They constitute an outright violation and rape of the fundamental right to fair hearing and ownership of property as guaranteed to our client by the 1999 Constitution (as amended) and the African Charter on Human and Peoples Rights 2004.”

“Indeed, Section 36(6)(a) & (b) of the 1999 Constitution (as amended), contains or laid down a sequence or pattern of commencement of investigation, which must be followed strictly to wit: Persons charged with a criminal offence must be informed in the language they understand and in detail of the nature of the offence; Such persons must be given adequate time and facilities for the preparation of their defence,” he added.

The solicitor stated: “Instead of strict compliance with the above pattern, as laid down by Section 36(6)(a) & (b) of the 1999 Constitution (as amended), the EFCC went after our client’s money by ordering a freeze of her accounts. With all due respect, the EFCC is a big thief.” “We are very much aware of numerous instances where EFCC used strong-arm tactics to dispossess hard working Nigerians of their legitimately earned money; only to turn around to brazenly and shamelessly loot the recovered loot. This is one of such unfortunate instances. Clearly, it is a failed politically-motivated attempt by the EFCC to steal our Client’s money using the cover of the present political climate.

“We are sufficiently convinced that prebendal politics of the sort that smears the image and reputation of former public office holders, together with that of members of their families – which automatically, distracts from governance and slows down the nation’s pace of development – is one of the major reasons for the persistent and unrelenting politically-motivated attacks on our client, who is extremely popular with Nigerian women, children and the aged,” he said.

Nation with additional report from Citizen

Archives

WAIVER CESSATION: Igbokwe urges NIMASA to evolve stronger collaboration with Ships owners

Published

on

…Stresses the need for timely disbursement of N44.6billion CVFF***

Highly revered Nigerian Maritime Lawyer, and Senior Advocate of Nigeria (SAN), Mike Igbokwe has urged the Nigeria Maritime Administration and safety Agency (NIMASA) to partner with ship owners and relevant association in the industry to evolving a more vibrant merchant shipping and cabotage trade regime.

Igbokwe gave the counsel during his paper presentation at the just concluded two-day stakeholders’ meeting on Cabotage waiver restrictions, organized by NIMASA.

“NIMASA and shipowners should develop merchant shipping including cabotage trade. A good start is to partner with the relevant associations in this field, such as the Nigeria Indigenous Shipowners Association (NISA), Shipowners Association of Nigeria (SOAN), Oil Trade Group & Maritime Trade Group of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA).

“A cursory look at their vision, mission and objectives, show that they are willing to improve the maritime sector, not just for their members but for stakeholders in the maritime economy and the country”.

Adding that it is of utmost importance for NIMASA to have a through briefing and regular consultation with ships owners, in other to have insight on the challenges facing the ship owners.

“It is of utmost importance for NIMASA to have a thorough briefing and regular consultations with shipowners, to receive insight on the challenges they face, and how the Agency can assist in solving them and encouraging them to invest and participate in the maritime sector, for its development. 

“NIMASA should see them as partners in progress because, if they do not invest in buying ships and registering them in Nigeria, there would be no Nigerian-owned ships in its Register and NIMASA would be unable to discharge its main objective.

The Maritime lawyer also urged NIMASA  to disburse the Cabotage Vessel Financing Fund (CVFF)that currently stands at about N44.6 billion.

“Lest it be forgotten, what is on the lips of almost every shipowner, is the need to disburse the Cabotage Vessel Financing Fund (the CVFF’), which was established by the Coastal and Inland Shipping Act, 2003. It was established to promote the development of indigenous ship acquisition capacity, by providing financial assistance to Nigerian citizens and shipping companies wholly owned by Nigerian operating in the domestic coastal shipping, to purchase and maintain vessels and build shipping capacity. 

“Research shows that this fund has grown to about N44.6billion; and that due to its non-disbursement, financial institutions have repossessed some vessels, resulting in a 43% reduction of the number of operational indigenous shipping companies in Nigeria, in the past few years. 

“Without beating around the bush, to promote indigenous maritime development, prompt action must be taken by NIMASA to commence the disbursement of this Fund to qualified shipowners pursuant to the extant Cabotage Vessel Financing Fund (“CVFF”) Regulations.

Mike Igbokwe (SAN)

“Indeed, as part of its statutory functions, NIMASA is to enforce and administer the provisions of the Cabotage Act 2003 and develop and implement policies and programmes which will facilitate the growth of local capacity in ownership, manning and construction of ships and other maritime infrastructure. Disbursing the CVFF is one of the ways NIMASA can fulfill this mandate.

“To assist in this task, there must be collaboration between NIMASA, financial institutions, the Minister of Transportation, as contained in the CVFF Regulations that are yet to be implemented”, the legal guru highlighted further. 

He urged the agency to create the right environment for its stakeholders to build on and engender the needed capacities to fill the gaps; and ensure that steps are being taken to solve the challenges being faced by stakeholders.

“Lastly, which is the main reason why we are all here, cessation of ministerial waivers on some cabotage requirements, which I believe is worth applause in favour of NIMASA. 

“This is because it appears that the readiness to obtain/grant waivers had made some of the vessels and their owners engaged in cabotage trade, to become complacent and indifferent in quickly ensuring that they updated their capacities, so as not to require the waivers. 

“The cessation of waivers is a way of forcing the relevant stakeholders of the maritime sector, to find workable solutions within, for maritime development and fill the gaps in the local capacities in 100% Nigerian crewing, ship ownership, and ship building, that had necessitated the existence of the waivers since about 15 years ago, when the Cabotage Act came into being. 

“However, NIMASA must ensure that the right environment is provided for its stakeholders to build and possess the needed capacities to fill the gaps; and ensure that steps are being taken to solve the challenges being faced by stakeholders. Or better still, that they are solved within the next 5 years of its intention to stop granting waivers”, he further explained. 

Continue Reading

Archives

Breaking News: The Funeral Rites of Matriarch C. Ogbeifun is Live

Published

on

The Burial Ceremony of Engr. Greg Ogbeifun’s mother is live. Watch on the website: www.maritimefirstnewspaper.com and on Youtube: Maritimefirst Newspaper.

Continue Reading

Archives

Wind Farm Vessel Collision Leaves 15 Injured

Published

on

…As Valles Steamship Orders 112,000 dwt Tanker from South Korea***

A wind farm supply vessel and a cargo ship collided in the Baltic Sea on Tuesday leaving 15 injured.

The Cyprus-flagged 80-meter general cargo ship Raba collided with Denmark-flagged 31-meter wind farm supply vessel World Bora near Rügen Island, about three nautical miles off the coast of Hamburg. 

Many of those injured were service engineers on the wind farm vessel, and 10 were seriously hurt. 

They were headed to Iberdrola’s 350MW Wikinger wind farm. Nine of the people on board the World Bora were employees of Siemens Gamesa, two were employees of Iberdrola and four were crew.

The cause of the incident is not yet known, and no pollution has been reported.

After the collision, the two ships were able to proceed to Rügen under their own power, and the injured were then taken to hospital. 

Lifeboat crews from the German Maritime Search and Rescue Service tended to them prior to their transport to hospital via ambulance and helicopter.

“Iberdrola wishes to thank the rescue services for their diligence and professionalism,” the company said in a statement.

In the meantime, the Hong Kong-based shipowner Valles Steamship has ordered a new 112,000 dwt crude oil tanker from South Korea’s Sumitomo Heavy Industries Marine & Engineering.

Sumitomo is to deliver the Aframax to Valles Steamship by the end of 2020, according to data provided by Asiasis.

The newbuild Aframax will join seven other Aframaxes in Valles Steamship’s fleet. Other ships operated by the company include Panamax bulkers and medium and long range product tankers.

The company’s most-recently delivered unit is the 114,426 dwt Aframax tanker Seagalaxy. The naming and delivery of the tanker took place in February 2019, at Namura Shipbuilding’s yard in Japan.

Maritime Executive with additional report from World Maritime News

Continue Reading

Editor’s Pick

Politics