Kogi State Governor,
Abdulrasheed Bawa, Chairman of the
The stakes are high for Abdulrasheed Bawa. As an experienced detective, who has learnt the ropes, there is no doubt that the anti-graft steersman is conscious of what he stands against- it would take more than paper work to incriminate someone of
It is a tall order for Bawa and his team at the EFCC. His competence is on the scale and he knows this. Bawa is conscious of the fact that all eyes are on him. He can't afford any damage to his reputation just few months after assuming office. The public must not get a wrong perception of him as a clueless detective and busybody or a hired bully. Nonetheless, this case will be one of his best shots- trapping a big fish in the agency's net and not allowing it slip out of his finger either due to poor homework or other forces beyond him.
This is what is expected of him if he must go after a ruthless fighter like
The news that N20 billion loan obtained by the government of Kogi State to augment salary in the state and to run other costs was diverted into a strange account has brought Bello and Bawa to the spot, setting off a battle of titans.
Last week, a
The agency had approached the court for the order in an ex-parte application brought in pursuant to section 44 (2) of the
Counsel to the EFCC,
He noted that instead of using the loan for the purpose it was granted,
The EFCC had in a 13-paragraph affidavit in support of the ex-parte originating summons deposed to by a member of a team of investigators attached to the Chairman Monitoring Unit Lagos of the EFCC, had stated "that the Commission received a credible and direct intelligence which led to the tracing of funds reasonably suspected to be proceeds of unlawful activities deposited in account No. 0073572696 domiciled in
The Commission said it acted on the intelligence and assigned same to the Chairman Monitoring Unit, where it was discovered that on
According to the EFCC, in the
A facility was meant to offset salary in the state, payment and government's running cost. However, upon the opening of the said account with No. 0072969301,
But rather than utilise the intervention funds for the purpose for which it was granted, the State Government proceeded to open a fix deposit account No. 0073572696.
The Commission had further alleged that on the 25 day of July, 2019,
The EFCC had also alleged that as at 1st of April, 2021 the balance standing to the credit of the said fixed deposit account was ?19, 333, 333, 333.36 billion, which suggests that the sum of ?666,666,666.64 billion has been deducted from the said funds and were not used for the payment of the salary.
Bello Fumes, Threatens Legal Action
Meanwhile, the Kogi State Government in a swift reaction had threatened to sue the
The Commissioner for Information and Communication, Mr. Kingsley Fanwo told THISDAY that the EFCC failed to carry out its homework and was out to create issues where there is none. He said available documents and evidence of transaction with the bank in question speak contrary to EFCC's claims. "We are going to meet in court," he told THISDAY.
To corroborate his claim, Mr Fanwo provided documents of all transactions between the government and
Earlier at a press conference in
Kingsley Fanwo who led the team from the state at the press conference, said the state does not operate any fixed account with
Mr Fanwo countered and further disclosed that the state has approximately N46 million across its three operational accounts with the alleged bank. He said the EFCC has failed in its primary assignment and accused it of misleading the court as well as the public.
He said: "For the record, Kogi State Government vehemently denies having the sum of N19,333,333,333.36 or any other sum in a fixed deposit account with
"The Kogi State Government states that as of the 23rd Day of July, 2019 when she utilized the monies for the payment of salaries and allowances to Kogi State civil servants and up to the 31st day of
Similarly, in a document obtained by THISDAY,
The argument put forward by
"With this correspondence, we wish to reaffirm Sterling's commitment to upholding and maintaining the highest standards of professional conduct to your honorable self, the government and the people of Kogi State.
"In light of the above submissions, permit us to respond to your enquiry as follows:
"The Kogi State government does not currently operate or maintain a fixed deposit account with
"
Let's Meet in Court, EFCC Tells Bello
Meanwhile the
Was Bello Confronted by the EFCC Before Approaching the Court?
The Kogi State Government has faulted the EFCC over what it described as a shock move and even threatened legal action against the commission as well as media houses who published the story without clarification from the government. He described the EFCC action as out of place. He wondered why the EFCC horridly went to court without giving the government the chance for fair hearing.
"We want to put it on record at this point that at no time during this entire concatenation of unfortunate events did the EFCC invite or question, much less seek clarification, from this Government or any of her officials in relation to such weighty matters. Also, none of the media houses or platforms which initially broke the news so much as sought a comment from us. No doubt our rights to fair hearing and the nation's right to fair and accurate reportage did not matter in the circumstances of this shabbily designed but otherwise clinically executed hatchet job", the state Commissioner for Information and Communication,
"Having laid the facts bare before you gentlemen of the press, we are still shocked as to how the EFCC came about the patently false information upon which they have fraudulently or by misrepresentation of facts secured the purported order freezing a non-existent account or a 'mirror account' created for administrative purposes by the Bank in respect of funds which have since the
When THISDAY contacted EFCC's spokesperson,
Meanwhile a source from the EFCC who spoke with THISDAY in confidence, said the Kogi State Governor was in panic mood and described the press conference organized by the Governor as a stunt to get undeserved public sympathy.
"That is a typical of
He said, the EFCC will not act without confronting a suspect with evidence unless under difficult circumstances where concrete evidence must be obtained.
An
He said: "The Court is empowered to make an interim forfeiture order of assets of an accused person even before conviction and without hearing him under section 27 (4) and section 30 of the Act.
He argued that it is clear from the provision of the law that the purpose of interim order of forfeiture is to temporarily vest possession of the booty of the purported crime to the government to prevent the accused person from tampering with or dissipating the proceeds of the crime. However, the court is expected to have been satisfied that there is prima facie evidence that the property concerned is liable to conviction before making such order on ex parte application.
He said "from the avalanche of authorities and the reasons adduced in support of forfeiture order, I am inclined to submit that the interim forfeiture against the N20 billion loan bailout of Kogi State purportedly diverted to another account by the Kogi State Government is sound in law. In any case, Kogi State can apply to the court within seven days to vary or discharge the order under Order 26(9) the
N19 Billion Abandoned
Kogi State Government has disassociated itself from the account and the money under contention. The EFCC has insisted that evidence before the commission shows that over N19 billion is warehoused in the controversial account. But, evidence provided by
The position of the bank has caused eyebrows to raised. The EFCC said there is money domiciled in the controversial account and the bank has confirmed its existence. Kogi State had through the help of
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