The
Economic and Financial Crimes Commission,
EFCC, will on Thursday, July 8th,
2010 arraign Mrs Ngozi Anayo Mgbeke, a
sister-in-law to the Enugu State
Governor, Sullivan Chime , over an
eight count charge of obtaining money
under false pretences; forgery and
altering at the
Federal High Court
1,
Enugu,
Enugu.
She will be docked before
Justice Muhammed Bello.
Mgbeke was arrested by operatives of the
EFCC more than a year ago over her
fraudulent dealings and obtaining over
N14 million under false pretences after
which she was granted administrative
bail, preparatory to her prosecution.
However, in a disturbing twist, she
jumped bail and had been failing to keep
date with the Commission’s
instructions. Un-moved by her tricks,
the Commission went ahead to arraign her
in abstential on June 9th ,
2010 at the Federal High Court 1, Enugu
, where she made a dramatic appearance.
Her counsel, C. Arinze- Onyia Esq., made
another dramatic move by filing a
preliminary objection to the charges
preferred against her and prayed the
court to quash all the charges, even
before being arraigned.
Surprised, the EFCC Counsel, J.A.
Ojogbane, drew the attention of the
court to the fact that the accused
person actually jumped bail and was to
be arraigned before the court. He
described the objection made by the
defense counsel as an ambush and urged
the court to remand the accused person
in EFCC’s custody pending the time the
court will rule on the defence counsel’s
objection to her arraignment. He further
informed the court that the defence
counsel was a principal prosecution
witness and wondered how such a counsel
can hold brief for Mgbeke. He therefore
prayed the court to rule against the
representation of the accused person by
the defense counsel.
The defense counsel countered that the
law allows him to represent his client,
irrespective of the position of the
prosecution and that his objection to
the arraignment of his client should be
considered before any plea could be
taken. In deference to the defense
counsel, the court took one hour break
and later resumed to rule on the
objections. In his ruling, Justice Bello
held that C. Arinse- Onyia Esq. cannot
represent Mgbeke as a counsel and still
be a prosecution witness. He adjourned
the case to July 8th , 2010
and failed to grant the EFCC the custody
of the accused person
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..........Sealed
Properties: Atuche’s Application Suffers
Set Back
Attempt
by former Managing Director and
Chief Executive
Officer of BankPHB, Mr. Francis
Atuche to have his attached properties
and frozen bank
accounts returned to him by the
Economic and
Financial Crimes Commission, EFCC
was on Tuesday July 6 rejected by a
Federal High
Court sitting in Lagos.
Atuche who is standing trial on charges
of money
laundering had approached the
Court with an application to vacate the
order attaching his properties and
defreeze his bank accounts that were
placed on restraining seals by the
Commission since Tuesday March 9.
Counsel to Atuche, Tony Idigbe, Adeniyi
Akintola and Ricky Tarfa, all Senior
Advocates of Nigeria, told the court
that the placing of restraining seals on
Atuche’s properties and freezing of his
bank account was unconstitutional and
therefore constitute an infringement on
his fundamental
human right. They also argued
that the freezing of his bank account
would make it impossible for him to meet
his obligations such as paying their
legal fee, his children’s school fees
and maintaining his family.
Justice A. O. Ajakaiye in his ruling
partially dismissed the application but
approved the release of two of the
former bank chief’s properties on Falomo
Close, Ikoyi and Asokoro, Abuja which
are personal residences of the Atuches.
Justice Ajakaiye said court acceded to
the request to release those two
properties as Atuche is not expected to
live on the street with his family. He
therefore ordered that the restraining
seal be removed. He also ordered that
Atuche could have partial access to his
Bank PHB Account where he could withdraw
N20
million for his legal fees, N1 million
for his children’s school fees, N200,000
for his family medical care and N1
million for the upkeep of his family.
However, the court ruled that the
restraining
order should subsist and his bank
accounts frozen as it does not in anyway
infringe on his fundamental human right.
Some of his other properties which are
placed “Under Investigation and
Restrained” include those on No 11
Raymond Njoku
Street, Ikoyi, N21 Alfred Rewane Road,
Ikoyi, 4 Saka Tinubu,
Victoria Island
and No 14B Anifowoshe Street, Victoria
Island. Others are at Road 43, G169
Victoria Garden City, Lekki; No 57
Ilesanmi Street, Surulere and Asoba
Private Estate, Surulere.
Meanwhile, proceedings in the case of
money laundering brought against Atuche
and Charles Ojo by the EFCC is now on
hold as Justice Ajaikaye agreed to stay
proceedings after it was established
that the matter has been entered by the
Court of Appeal.
At the last sitting, Idigbe told the
court that he had filed an application
dated June 3 for further
stay of
proceedings pending the
determination of the case for stay of
proceeding at the Court of Appeal. “We
are not ashamed to pursue his right at
Court of Appeal just as the prosecution
is not ashamed to prosecute. The court
should strike a
balance.”
However, counsel to EFCC, Kemi Pheniro,
SAN opposed the application. He said the
court could hear the matter based on
Section 40 of the Economic and Financial
Crimes Commission Establishment Act.
Justice Ajakaiye who refused to adjourn
the matter sine die however, adjourned
the case to October 19, 2010 for further
hearing.
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