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Akpabio’s Lawyer Alleges High Conspiracy In Favour of Ekpenyong As Tribunal Adjourns

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5 years ago

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Legal fireworks came to an end Thursday, at the National Assembly Election Petition Tribunal sitting in Uyo, Akwa Ibom State, where Minister designate, Godswill Akpabio is challenging the declaration of Chris Ekpenyong as winner of the Akwa Ibom North West (Ikot Ekpene) Senatorial District
However, more dramas played out as Akpabio’s counsel, Sunday Ameh (SAN), shocked the tribunal during adoption of his written address that result of the February 23, 2019, senatorial election in Ikot Ekpene was prepared even before the election day.
Ameh told the tribunal that the Independent National Electoral Commission’s  Resident Electoral Commissioner  (REC) in the state, Mike Igini, falsified Akpabio’s result in favour of the People Democratic Party’s candidate, Ekpenyong.
Based on the anomalies observed, Ameh urged the tribunal to declare  Akpabio of the All Progressives Congress (APC) as winner of the senatorial election.
He submitted that Akpabio is the validly elected senator for Akwa Ibom North West Senatorial District having scored majority of the lawful votes cast in the election.
Ameh also submitted that Ekpenyong , who was declared winner of the election, was not elected by lawful votes cast as evidence showed that Akpabio had the highest votes scored.

The tribunal was thrown into shock when Ameh exposed how the INEC Returning Officer for Essien Udim Local Government Area , Dr Olosunde William, after recording the result for the Local Government Area took the result to INEC office in Uyo and cancelled the votes of Akpabio to give an edge to his opponent.
According to Ameh, the Returning Officer had admitted that he collated the result for 11 Wards of Essien Udim Local Government in Form EC8B1 handed over to him by the various collation officers. He had also stated that the results were compiled by him in Essien Udim and Akpabio scored 61, 329 votes while Ekpenyong scored 9, 050 votes.
However, in a curious twist the Returning Officer without the presence of the party agents and other officials unilaterally reduced the votes of Akpabio to 6, 241 in INEC office in Uyo.
Ameh submitted that the alteration of Akpabio’s votes at INEC office in Uyo was illegal. “Form EC8C1 which showed the adjustment of the result is dated February 24, 2019. While Form EC8CD1 which showed the result collated by INEC in Essien Udim is dated February 25, 2019. My Lord, that is dishonesty,” Ameh submitted.
Counsel to Akpabio said the appropriate person to write the report of election not holding  or cancellation of the result is the Presiding Officer at each Polling Units.
He posited further that all the Presiding Officers who appeared in court when cross-examined responded that they did not cancel any result and they did not know what Form EC40G which should have been used in event of any cancellation was.
According to Ameh: “In the absence of any valid report for the cancellation, the respondents cannot impugn the integrity of the result  that were collated by INEC in Form EC81 tendered before this tribunal,” he submitted.
He drew the attention of the trribunal to the submission by PDP witnesses during cross examination, alleging that APC thugs carted away all electoral materials in some Wards in Essien Udim, however, they had no explanation when shown the card reader reports and voter registers of the same units they claimed were carted away.
Meanwhile,  Ekpenyong urged the tribunal to dismiss the petition filed by Akpabio for lacking in merit.
The former Deputy Governor also argued that the reliefs sought by Akpabio, differed from the grounds of his petition.
Senator Ekpenyong through his counsel, Kanu Agabi (SAN), in his written address said that out of 10 local government areas that make up the senatorial district, witnesses were called by the petitioner for only two local government areas.
He also argued that the petitioner was unable to substantiate his claims, as the depositions he relied on, had no evidential value.
“My lord, you remember each and every one of his witnesses saying “my deposition is made up of what I saw and what I was told.”
“On the authority of Gungiri Vs Nyan, the Supreme Court said, if a witness does not distinguish in his deposition, between what he heard and the things he saw, that such depositions have no evidential value,” he said.
He insisted that all the witnesses could not differentiate between what they saw and what they heard, and that responsibility cannot be that of the court.
“The depositions were chorusing one another. Why would A who was in Jericho have an identical situation with B who was in Jerusalem?”
Chief Agabi averred further that: “The relief of being declared the winner is only available to a petitioner who pleads majority of lawful votes”
“In this petition, the petitioners are not seeking nullification of the election, but rather they are seeking to be declared the winner. Reliefs must flow from the grounds, and their ground does not avail them.
Agabi insisted that no single agent was called by the petitioner, yet all the witnesses called by the respondents alleged malpractice at the polling units. He said this could be likened to Algebra where one is expected to show the formula and process he used in arriving at his conclusion.
On his part, Solomon Umoh (SAN), counsel to the PDP told the tribunal to dismiss the petition due to the absence of polling witness to give life to the claims of the petitioner.
Umoh maintained that “a petitioner who brings his case on fraudulent cancellations, must establish two ingredients, that there were cancelations, alterations or mutilations in the electoral document and that the cancellation, alteration or mutilation were dishonestly made in a view to falsify the result of the election.”
He said that the effective way to unravel the truth was based on the integrity of Form EC8A, the unit result, where votes are generated.
The PDP counsel wondered why the petitioner failed to present any unit witness before the tribunal, thereby making Form EC8As to appear helpless.
Citing various court precedents, Umoh argued further that “in any matter of this magnitude, Polling Unit agents must be witnesses to how they were produced and must be signatories to them, otherwise it has a doubtful and suspicious origin.”
INEC counsel Robert Emukpoeruo citing the poor foundation of the petition, urged the tribunal to dismiss it completely.
The INEC counsel maintained that the petitioner was obliged to bring unit results and not just result from the collation centre because their petition claimed that the first respondent did not win by majority of lawful votes cast..
Emukpoeruo further  argued that votes are not cast at ward or local government collation centres, but at Polling Units and reasoned that the petitioners ought to have led the tribunal to the Polling Units.
On this, Ameh said the respondents completely misunderstood the case of the petitioner.
According to Ameh, the petitioner case are on the grounds that Senator Ekpenyong was not validly elected by majority of lawful votes cast and his return was not in compliance with the Electoral  Act.
After listening to the submissions of the parties, Chairman of the tribunal, Justice W. O. Akanbi thanked the parties and counsel  for their cooperation throughout the proceedings.
He said the matter was adjourned for judgment on a date to be communicated to the parties concerned.
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Panic As Governor’s Official Car Got Stolen

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4 weeks ago

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September 11, 2024

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Confusion and fear was the order of the day at one of the Government houses in the Southwest some days ago when one of the official vehicles of the Governor, a bullet-proof jeep allegedly disappeared from the garage.

The SUV which is said to be one of the three bullet-proof vehicles being used for the Governor’s official assignment was discovered missing.

The Governor who was out of the country on a short, rest leave was claimed to have been disturbed when he was alerted.

Sources claimed it wasn’t the first time things would get missing at the Governor’s private residence.

‘There had been series of thefts, ranging from missing cash, phones and other expensive items, it’s usually swept under the carpet. Indiscipline is the order of the day here’, a source confirmed this to papermacheonline.

The State Governor, a quiet individual who is spending his second time in office was said to have been disturbed by the occurrence that he had to cut short his leave and return home. One of his closest aides was also kidnapped recently.

 

 

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Former First Bank Employee Accuses Oba Otudeko, Bisi Onasanya Of Massive Fraud

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1 month ago

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August 27, 2024

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A former First Bank of Nigeria Limited employee, Adesuwa Ezenwa, has accused billionaire industrialist Oba Otudeko and former Managing Director Bisi Onasanya of massive fraud during Otudeko’s tenure as chairman of FBN Holdings Plc.

In court documents filed at the National Industrial Court of Nigeria, Ezenwa alleges that unsecured loans of approximately N12 billion were granted to a company in which Otudeko has significant investments, disguised as loans to Stallion Group of Companies.

Ezenwa, who was summarily dismissed in October 2016, is seeking redress for her termination and demanding N500 million in damages and N25 million in legal costs. She claims that she was made to bear the consequences of granting unsecured loan facilities worth billions of naira to companies linked to Otudeko and Onasanya, while her superiors who approved the credit were not penalized.

Ezenwa joined First Bank in 2002 and became a relationship manager in the corporate banking division in February 2016. She alleges that her superiors, including Abiodun Olatunji and Cecilia Majekodunmi, who worked closely with Onasanya, were involved in the fraudulent activities.

“As a relationship manager, I worked under the supervision and direction of my branch manager and group head and signed official correspondence only after they had approved and/or signed same. I had no independent authority in relation to the grant or disbursement of loans or other banking facilities,” Mrs Ezenwa said.

According to the claimant, she executed a large number of documents while she was still employed by First Bank, but only after approval by her bosses and on their direction.

She said she was summoned on 25 August 2015 to appear before a credit disciplinary committee reviewing facilities availed to a company known as Supply and Services Limited, a subsidiary of Royal Ceramics Group, one of the major customers of the bank.

The plaintiff said the committee could not determine whether she had a personal interest in any of the loans granted or whether she made any gain related to her duties. She said she was, however, blamed during proceedings for not whistleblowing on some of the deals endorsed by Mr Olatunji and Mrs Majekodunmi.

“The admonition was most unfair and unwarranted as I was in no position to whistleblow on my superiors … The persons to whom these reports would have been made were the very persons who were the perpetrators of the misdeeds,” she said.

A litany of allegations against Mr Otudeko

Mrs Ezenwa disclosed that unsecured loans of roughly N12 billion were availed, on one occasion, to a company in which Mr Otudeko has significant investment even though the facility was masked as loans granted to Stallion Group of Companies, which later spotted the false entry in its statement of account and complained.

In one case in 2012, she further alleged, an unsecured credit estimated at N2 billion was granted to Broadwaters Resources Company Nigeria Limited, which ended up being a conduit pipe used by Mrs Majekodunmi and Mr Onasanya to siphon monies from the bank. The claimant said the loan was never repaid.

“Out of the N12 billion camouflaged as lending to the Stallion Group, N8.21 billion was transferred through various accounts to a final destination account belonging to a company known as V-TECH LTD, which belongs to the chairman of FBN Holdings, Oba Otudeko, while the sum of N4.45 billion out of the same fictitious facility was transferred to Ontario Oil and Gas. The facility remains unpaid to date,” Mrs Ezenwa said in court fillings.

According to her, several similar loans were granted by Mr Olatunji and Mrs Majekodunmi, including to Supplies and Services Limited, which were “subsequently sublet and disbursed in smaller bits to several customers on more profitable terms to both officers.”

Swap Technologies and Telecomms Plc, Orbit Cargo, Netconstruct Nigeria Limited, and High-Performance Distributions Limited were among the companies named as beneficiaries of the loan disbursement.

Mrs Ezenwa disclosed that such loans could not have been granted without the involvement of the board of First Bank, considering that the amounts involved were huge and above the approval limits of the executive directors, the vice president and the managing director of the bank.

According to the complainant, her dismissal by the bank brought her into disrepute, threatening her chances of securing employment in reputable companies in future.

“The action of the defendant (First Bank) has consequently caused the claimant untold mental distress and is all the more damaging as the claimant is in her thirties and has simply been made a scapegoat for the malfeasance of some of the lapses of the management of the bank,” she said.

Among other demands, Mrs Ezenwa is urging the court to declare that there was no basis for the bank to dismiss her.

“She is being made a scapegoat for a lot of questionable transactions within the bank, which she is claiming innocent of,” Seyi Sowemimo, the claimant’s lawyer, told PREMIUM TIMES on Saturday. “So far, the trial has started. We have subpoenaed the EFCC, and we have subpoenaed the central bank to bring the audit reports of the bank,” Seyi Sowemimo, the claimant’s lawyer, told PREMIUM TIMES.

The allegations have sparked a legal battle, with Ezenwa seeking justice for her dismissal and damages for the fraudulent activities she claims to have uncovered.

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“AMCON MD In Trouble Over Keystone Bank Acquisition By Father In-law”, Isa Funtua

Published

1 month ago

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August 27, 2024

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Why Bank Customers Are Making Panic Withdrawals…

Following the controversy generated by the leading opposition party, the People’s Democratic party, PDP, over the alleged acquisition of Keystone bank and Etisalat by Alhaji Isa Funtua and the CEO of AMCON, Ahmed Kuru, President Muhammadu Buhari has ordered probe into the alleged fraud.

A highly placed source at the headquarters of the Economic and financial crimes Commission, EFCC yesterday told daybreak that the President was thoroughly embarrassed with the allegations linking him to the transactions.

According to the source, a discrete panel will be set up soon comprising of the Chairman of the EFCC, representative of the DSS, ICPC, federal ministry of Justice to look into the allegations.

The source further added that, both Isa Funtua, Ahmed Kuru, the governor of the central bank of Nigeria, CBN, Chief Godwin Emefiele and management Staff of the Keystone Bank and 9Mobile will be quizzed by the operatives of the EFCC for some interactions.

Recently, a mindboggling scandal broke out to public knowledge about how Keystone Bank and 9Mobile were acquired in controversial circumstances by the business interests of one Alhaji Isa Funtua, a close friend of President Muhammadu Buhari, via the instrumentality of Asset Management Corporation of Nigeria (AMCON).

The PDP challenged the federal government to come out clean on what could be a serious dent on its anti-corruption stance, there is indeed no smoke without fire.

The leading opposition party also confirmed fact that the son-in-law of Isa Funtua, Ahmed Kuru, is the current CEO of AMCON.

Before him, the previous CEO, Chike Obi, was a first-class gentleman and technocrat who was strangely removed from office before the expiration of his term and was replaced with Kuru, the son-in-law of Isa Funtua.

Now, let us get into the insider details of how Funtua bought Keystone Bank and 9Mobile in the most bizarre of dealings that circumvent the laws of the land. Keystone Bank was sold by the current CEO of AMCON to his father-in-law, Funtua, without any AMCON Board’s approval and with the active connivance of CBN and NDIC at a grossly undervalued price of 25 Billion Naira. To put things in context, let us recall that Enterprise Bank was sold for over 60 Billion Naira and Mainstreet Bank was sold for over 100 Billion Naira under the former CEO of AMCON.

Before the sale of Keystone Bank to Isa Funtua, all bad debts in the books of the Bank were taken over by AMCON. So, it was a clean Bank with all the Assets and no Liabilities that was sold to the Buyers.

The Executive Management of AMCON was coerced into approving the transaction and those who were willing to submit a much higher bid were disqualified under a most opaque, suspicious process that lacks all transparency. The process was just manipulated in favour of the father-in-law of the AMCON CEO.

The Corrupt Payment for Keystone Bank The most disgusting part of the entire sale of Keystone Bank is how the 25 Billion Naira sales price was paid to AMCON.

The Isa Funtua Team paid 5 Billion Naira to AMCON, and then the balance of 20 Billion Naira was later paid through the most criminal and corrupt approach ever perpetrated by AMCON in favour of the Buyer. What happened was that AMCON moved 20 Billion Naira of their own funds as a fixed deposit at GTBank to Heritage Bank. Heritage Bank then paid the 20 Billion Naira on behalf of the Funtua Group to AMCON. In other words, AMCON used their own funds as a collateral for a loan to the Funtua Group for 20 Billion Naira!

When the Funtua Group took over Keystone Bank, they went borrowing immediately at the Interbank Market for 20 Billion Naira to refund AMCON’s funds. This has left a hole in Keystone Bank’s Balance Sheet and makes the Bank one of the most undercapitalized Banks in the Country as at today. The evidence of this highly compromised acquisition process can be obtained from the current and former staff of AMCON, from NDIC, CBN and from the current staff of Keystone Bank itself.

Another suspicious acquisition scandal surrounding the Funtua Group is about the untidy way 9-Mobile, formerly known as Etisalat, was bought. It is Mr. Adrian Wood of Teleology Holdings, a very sound telecoms professional, who collaborated with the Funtua Group for the acquisition of 9-Mobile.

The problem with their bid was the lack of a qualified Operator to support the bid which was one of the minimum conditions of NCC. Adrian Wood alone was not a substitute for an Operator.

The Nigerian Communications Commission (NCC) gave several conditions that must be met by the Ultimate Buyer of 9-Mobile to ensure the protection of shareholders value, prevent loss of jobs, protect the telecoms industry from slipping into a crisis and ensure transparency and professionalism in the post-acquisition entity.
The conditions listed by NCC that must be met by the Buyer are Strong Telecoms Operating Experience, Strong Financial Capabilities, Strong Technical Knowledge and Strong Administrative Skills.
The first thing that happened once Teleology was announced as the preferred winner was that the Funtua Group edged Adrian Woods out of Management and turned him to an Insignificant Shareholder.

The second development was that the Funtua Group raided Keystone Bank again and forced the Bank to Pay 50 million Dollars as down payment for the acquisition of 9-Mobile.

The third issue was that Teleology Nigeria replaced Teleology Holdings to remove any influence of Adrian Woods from 9-Mobile totally. The fourth step taken the Funtua Group was to borrow 260 Million Dollars from African Exim Bank.

The fifth thing was to coerce NCC to approve the sale at all cost without meeting 90% of the conditions set up ab-initio by the NCC.

The sixth strange action of the Funtua Group was to force the board of NCC to approve the sale through the influence and pressure from the Presidency. And the seventh Funtua infraction was to use the influence of CBN to force the Banks to the table and waive their own conditions of sale of 9-Mobile to the Teleology Nigeria group.

Efforts to reach the acting Head media and publicity of Economic and financial crimes Commission,EFCC, Mr. Tony Orilade to confirmed the latest developments proved abortive as his lines were not connecting.

Source; The Capital

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