$242m Scam: EFCC to File Fresh Charges
From Lillian Okenwa in Abuja
The Economic and Financial Crimes Commission (EFCC) may have concluded plans to file fresh charges against Mr. Emmanuel Nwude, Mrs. Martina Amaka Anajemba and Chief Nzeribe Okoli alleged to have defrauded a Brazillian bank of $242 Million in the High Court of Lagos state.
A statement signed by EFCC's Ibrahim Balarabe of the Media and Publicity Unit made this disclosure yesterday to THISDAY.
A High Court of the Federal Capital Territory (FCT), Abuja had on Monday struck out the suit for lack of territorial jurisdiction.
In a considered ruling, Chief Judge of the Federal Capital Territory (FCT), Justice Lawal Gumi said there is no feature of the case that can be said to have occurred in Abuja and that the best place in which the matter could have been brought considering the best interest of the prosecution, the accused as well as the public is Lagos.
"The funds were allegedly received in Lagos. It is in the best interest of the prosecution to prosecute this matter in Lagos because it will be easier to find potential witnesses and other things necessary for the trial.
"Equally the accused persons stand a better chance of securing their own witnesses and material relating to their defences at the trial in Lagos where it all happened rather than here," said the Chief judge.
Gumi further stated that: "It is wholly immaterial that the alleged deception on which the scam was anchored was for the construction of an Airport here in Abuja. The proof of evidence and all other documents in this matter have not suggested that any of the alleged conspirators came to Abuja and a meeting held here..."
However, Gumi on the application made by Amaka Anajemba to the effect that the proof of evidence when taken in its totality does not disclose any prima facie case against her that would require her standing trail on an 86 count charge held that there is enough evidence to prove her involvement in the alleged scam.
"In her own statement the applicant denied all these and maintained that prior to the death of her husband in 1998 she had no involvement in the operations of his bank accounts or his businesses, there are other documents in the proof of evidence which show that the Anajembas that is the late husband of the applicant and herself acquired choice properties in the United Kingdom and the United States...
"I do hold that there is actually a case requiring the applicant to stand trial based on the counts of the charge formulated against her," said Gumi.
In a sister case where Anajemba and her lawyer, Mr. Obum Osakwe were accused of trying to bribe EFCC officials, the Court said: "it does seem a bit inappropriate for the officials of the EFCC to be the ones who allege to have been offered the bribe or gratification and for them to also be the ones to investigate the same allegation they made against the accused persons.
"There seems appears to be too much power and discretion in that kind of situation. The conferment of such power (i.e.) to allege and to investigate may be abused by capricious and overzealous officials.
"A better arrangement would have been to allow a neutral investigatory authority such as the police or the ICPC to inquire into the matter.
"That would confer more credibility on the process," the Chief Judge said.
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