EFCC Criticizes Agunloye’s Necessary Medical Trip Abroad

On Monday, July 1, 2024, the Economic and Financial Crimes Commission (EFCC) opposed the application of former Minister of Power and Steel, Olu Agunloye, seeking permission to travel overseas for medical treatment. The EFCC, which is prosecuting Agunloye, argued that his request to travel abroad for a medical check-up was an attempt to evade justice. Agunloye is currently facing seven-count charges related to the alleged fraudulent award of a $6 billion Mambilla Power Project contract.

During the court proceedings at the Federal Capital Territory High Court in Apo, Abuja, Agunloye’s counsel, Adeola Adedikpe, SAN, submitted an application requesting the court’s permission for his client to travel for medical reasons. The application included various medical documents, such as reports from University College Hospital, NISA Premier Hospital, and an invitation from a foreign medical analyst. Despite these documents, the EFCC remained firm in its stance against the application, citing concerns over Agunloye’s potential flight risk.

EFCC’s Counter-Affidavit and Flight Risk Concerns

In response to Agunloye’s application, the prosecution counsel, Abba Mohammed, presented a counter-affidavit prepared by Hussain Babangida, an investigator with the EFCC. The counter-affidavit urged the court to deny the application, arguing that Agunloye had previously demonstrated an unwillingness to appear for trial until he was declared wanted. This history, according to the EFCC, indicated a significant flight risk if Agunloye were allowed to leave the country.

Mohammed highlighted the gravity of the situation by emphasizing the comprehensive nature of the counter-affidavit and the attached exhibits. “This is our written address, and we rely on all the resolutions in the counter-affidavit. We adopt the same with the exhibit attached. We are expecting our noble lord to dismiss the defendant’s application on the credit of the complainant’s counter-affidavit,” Mohammed stated. The prosecution’s firm stance reflects the EFCC’s commitment to ensuring that Agunloye faces trial in Nigeria without the possibility of evading justice through international travel.

Awaiting the Court’s Decision

Justice Jude Onwuegbuzie, presiding over the case, acknowledged both the application and the counter-affidavit. He adjourned the matter to July 17, 2024, for a ruling on Agunloye’s application. This decision will determine whether the former minister will be allowed to travel abroad for medical treatment or remain in Nigeria to face his trial.

The outcome of this ruling is highly anticipated, as it will set a precedent for how the judiciary balances medical needs with the risk of flight in high-profile cases involving significant financial fraud. The EFCC’s opposition highlights its rigorous approach to ensuring that accused individuals remain within the jurisdiction of the Nigerian courts to face the full extent of the law. As the date for the ruling approaches, all eyes remain on Justice Onwuegbuzie to see how the court will navigate this complex intersection of legal and medical considerations.

N35bn Uncovered in Mompha’s Accounts: Witness Testifies in Court

The trial of Ismaila Mustapha, widely known as Mompha, saw a significant development on Monday, July 1, 2024. Idi Musa, the sixth prosecution witness (PW6) and an investigator with the Economic and Financial Crimes Commission (EFCC), revealed to Justice Mojisola Dada of the Special Offences Court in Ikeja, Lagos, that N35 billion was found in two bank accounts linked to Mompha. This revelation came as part of the ongoing legal proceedings against Mompha and his company, Ismalob Global Investment Limited.

The EFCC had arraigned Mompha on January 12, 2022, on an eight-count charge. These charges include conspiracy to launder funds obtained through unlawful activities, retention of proceeds of criminal conduct, and possession of documents containing false pretenses, among others. One of the charges specifically states that Mompha and his accomplices conspired in 2016 to conduct financial transactions worth nearly N6 billion, promoting specified unlawful activities.

Testimony and Investigative Details

During Monday’s court session, Musa detailed his involvement in the investigation of Mompha’s alleged criminal activities. Led in evidence by the prosecution counsel, S. I. Suleiman, Musa recounted receiving intelligence from the Federal Bureau of Investigation (FBI) in 2019. The FBI had informed the EFCC that Mompha and his company were involved in cybercrime, commonly referred to as “Yahoo Yahoo,” in the United States.

Musa narrated how the EFCC requested and analyzed account statements from two major banks linked to Mompha. The analysis revealed a significant flow of funds, with N30 billion passing through one account and N5 billion through another. The EFCC communicated with the FBI, the Special Fraud Unit, the Central Bank of Nigeria (CBN), and other relevant agencies to verify Mompha’s claims of being in the Bureau De Change (BDC) business. However, the investigation concluded that Mompha was not licensed to operate a BDC.

Arrest and Forensic Evidence

Musa further testified that efforts to locate Mompha within Nigeria were initially unsuccessful. However, in October 2019, the EFCC requested the Nigeria Immigration Services (NIS) to arrest him upon sight. Mompha, alerted to the EFCC’s pursuit, attempted to flee the country but was apprehended at the airport by NIS officers and handed over to the EFCC.

In his testimony, Musa also highlighted forensic evidence provided by the FBI. The analysis revealed that Mompha’s iPhone was used to send account details to a UAE phone number and to search for bank Swift Codes. Upon his arrest, several properties were recovered from Mompha, most of which were later released to him on bond, except for his iPhone 8, which remains with the EFCC. Musa emphasized that these items were considered proceeds of crime as they were not declared in Mompha’s Asset Declaration Form.

Justice Dada admitted the prosecution’s evidence, including Mompha’s statement and the Asset Declaration Form, as exhibits P5 and P6. The case has been adjourned to Tuesday, October 8, 2024, for the continuation of the trial, with the court set to delve deeper into the allegations against Mompha and his financial dealings.