EFCC, CCB Narrates How Saraki Allegedly Looted Kwara + The GTB Connection

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The Code of Conduct Bureau (CCB) and the Economic and
Financial Crimes Commission (EFCC) yesterday gave a low-down on how Senate
President Bukola Saraki allegedly looted Kwara State during his tenure as
governor between 2003 and 2011.
The CCB and EFCC in a joint response to the claim by Saraki
that his ongoing trial by the Code of Conduct Tribunal (CCT) was a witch-hunt,
told of how Saraki allegedly amassed properties in Lagos, Abuja and London,
using Kwara State funds.
The agencies also detailed how Saraki allegedly siphoned
public  funds through  Guaranty Trust Bank (GTB) Plc  into his personal foreign account, and with
which he procured a property in London.

The joint response by the CCT and EFCC is contained in the
counter-affidavit filed by the prosecution in the trial of Saraki on charges of
false assets declaration.
An official of the CCB, Peter Danladi, stated in the
counter-affidavit that the investigation of the various petitions of
corruption, theft, money laundering, among others, against Saraki in 2010, was
conducted jointly by the officials of the EFCC, CCB and the DSS.
“The EFCC conducted its investigation on the various
petitions and made findings which showed that the defendant/applicant abused
his office, while he was the governor of Kwara State and was involved in
various acts of corruption as the governor of the state.
“The defendant/applicant borrowed huge sums of money running
into billions from commercial banks, particularly Guaranty Trust Bank, and used
the proceeds of the loan to acquire several landed properties in Lagos, Abuja
and London, while he was the governor of Kwara State.
“As against the defendant using his own legitimate income to
defray the loan, he took public funds, running into billions from Kwara State Government
and lodged same in several tranches and in cash into his GTB account in GRA
(Government Reservation Area), Ilorin, Kwara State.
“The defendant/applicant’s account officer in GTB confirmed
that the defendant/applicant gave him several cash in the Government House to
lodge into the account and on some occasions, the defendant sent his aides from
the Government House to give him the cash for lodgement into his account.
“When the EFCC submitted its report to its legal department
and the Federal Ministry of Justice, the Ministry of Justice formed the opinion
that the offences revealed from the investigation, particularly as they relate
to  the properties acquired by the
defendant/applicant, while he was governor of Kwara State and various monies sent
into  his various accounts outside
Nigeria can be better handled through the Code of Conduct Bureau (CCB) and Code
of Conduct Tribunal (CCT).
“The office of the Attorney General of the Federation (AGF)
then sent the findings and the evidence gathered during investigation by the
EFCC as a complaint to the Code of Conduct Bureau for investigation and that
the operatives of the EFCC would collaborate with the officers of the CCB for
effective investigation.
“Our investigation on the CCB Assets Declaration Forms for
public officers filed by the defendant/respondent revealed the following:
“The landed property listed as No.42 Gerald Road, Ikoyi was
visited by Mr. Ikechi Iwuagwu (Deputy Director, CCB), Miss. Geraldine Longsten
(DSS) and Adamu Garba (EFCC) sometime in 2006 and discovered that the property
was under construction.
“Contrary to the declaration by the defendant that he was
earning an annual income of N110,000,000 from No.42 Gerald Road, Ikoyi, Lagos,
there were no tenants in the property as same was an empty land as at the time
of the declaration.
“Contrary to the declaration by the defendant that he owned
15A and 15B McDonald, Ikoyi, Lagos as at the time of the declaration in 2003,
our investigation revealed that the said properties were acquired in 2006 from
the Implementation Committee on Federal Government Landed properties through
his companies called Tiny Tee Limited and Vitti Oil Limited wherein he paid the
sum of N396,150,000 to the Federal Government of Nigeria.
“The defendant made an anticipatory declaration for the said
15A and 15B, Ikoyi, Lagos. The defendant acquired the properties in the name of
two companies because he could not buy two Federal Government properties in his
personal name.
“The defendant bidded for and acquired 17, 17A and 17B
McDonald, Ikoyi, Lagos from the Implementation Committee on Federal Government
Landed Property and paid an aggregate sum of N497,200,000 to the Federal
Government between October 2006 and 2007.
“A scrutiny of the defendant’s  salary account with the Intercontinental Bank
(now Access Bank)  account No: 0100857813
reveals that his monthly take home salary as at the time he acquired the
property was not  more than N500,000 and
the defendant acquired properties far in excess of his income.
“While the Federal Government was selling its properties,
the Central Bank of Nigeria, being an agency of the Federal Government sold
plot 2A, Glover Road, Ikoyi, Lagos for N325,000,000 between 2007 and 2008 to
the defendant, which the defendant purchased through his company called
Carlisle Properties when he was the governor of Kwara State,” Danladi said.
He added that further investigation by the CCB  revealed that Saraki also acquired a property
at Plot 2A  Glover Road, Ikoyi, Lagos
through Carlisle Properties Limited, while he was governor of Kwara state and
that he has been receiving rent from the property.
Danladi said investigation on the asset declaration forms
submitted by Saraki between 2003 and 2011 revealed that he failed to declare
his interest in Plot 2A Glover Road, Ikoyi, Lagos ( in his 2011 asset declaration
form); No: 1 Targus Street, Maitama, Abuja otherwise known as 2482 Cadastral
Zone A06, which he claimed he acquired in November 1996 from one David Baba
Akawu (in his assets declaration form of 2003).
Saraki was also said to have failed to declare his ownership
of No: 3 Targus Street, Maitama, Abuja, otherwise known as 2481 Cadastral Zone
A06, Abuja which he acquired from one Alhaji Attahiru Adamu in his asset
declaration form (of June 3, 2011) and No: 42, Remi Fani-Kayode Street, Ikeja,  Lagos, which he acquired through his company,
Skyview Properties Limited, from First Finance Trust Limited on December 12,
1996.
“The defendant has a domiciliary account with GTB Plc in
Nigeria with account No: 441441953210 from where he made various cash transfers
totalling 3.4million US dollar between 2009 and 2012 to American Express
Service Europe Limited with account No: 730580 maintained with the American
Express Bank, New York and the various sums were transferred into the
defendant’s card account No: 374588216836009 maintained by the defendant
outside Nigeria.
“Sometime in February 2010, the defendant obtained a loan of
N375,000,000 from GTB Plc in Nigeria, which he converted into 1,516,194.53
Pounds Sterling and gave instructions to the bank to transfer the entire sum to
the United Kingdom in favour of Forts Bank SA/NV the purpose of which the
defendant stated to be the full and final payment of mortgage redemption for
the property he purchased in London,” Danladi said.
Arguing Saraki’s motion earlier, Agabi said  that the tribunal lacked jurisdiction to
entertain the charges on, among other grounds, that the Attorney-General of the
Federation and Minister of Justice lacked the power to file charges before the
tribunal.
He also argued that the failure of the Code of Conduct
Bureau to invite Saraki to confront him with the breaches in his assets
declaration form was fatal to the validity of the charges.
On the contention that his client was not accorded fair
hearing by the CCB, Agabi argued that compliance with Paragraph 3(d) to the 5th
Schedule to the Constitution must be complied with where issues of breach is
raised.
He said that by failing to first invite his client and
confront him with the alleged discrepancies in his asset declaration, as
required under Paragraph 3(d), before charging Saraki before the CCT, the
condition precedent was not complied with, thereby denying the tribunal the
requisite jurisdiction.
Agabi argued that the tribunal had struck out a case against
former Lagos State governor, Bola Tinubu, on the same ground of non-compliance
with the provision of Paragraph 3(d). He urged the court to be guided by its
decision in the Tinubu case and strike out the charge against his client.
Responding, Jacobs argued that that submission by Agabi was
based on an old provision of the Constitution. He said the Paragraph 3(d)
provision referred to by Agabi existed in the 1979 Constitution, which no
longer exists in the 1999 Constitution.
His words: “In 1999 Constitution, the Paragraph 3(d) was
removed so that the CCB and CCT can function maximally.
“They cannot use old law to defeat new provisions. In the
Tinubu case, the tribunal found that it was 
misled into giving the decision it gave. The tribunal cannot commit the
same error again.
“Assets Declaration is an oath. You go before a High Court
to endorse the asset declaration form. It’s like an oath. The consequence of
lying is criminal. It is like the law of perjury.”
J
acobs described  Agabi’s argument as embarrassing and
self-serving.
Jacobs, who once served as an aide to Agabi while he was the
Attorney General of the Federation (AGF), wondered why his former principal
would now argue against the power to initiate proceedings before the CCT.
“On their argument that the AGF cannot initiate proceedings
before this tribunal, we are saying that issue, which is their No. 2 is
embarrassing. They had earlier argued, up to the Supreme Court, that it is only
the AGF that can initiate cases here. They dragged that case before the Supreme
Court and lost. Then they have come back here to now argue the opposite, that
the AGF cannot initiate a case before the CCT.
“Fortunately for me, I served with the lead defence lawyer
(Agabi) as Special Assistant (SA) when he was the AGF. He signed several
charges, which I prosecuted before this tribunal on his behalf. Some of these
cases included those involving former Minister of the Federal Capital Territory
(FCT), Jeremiah Useni,  former Plateau
State governor, Joshua Dariye, among others.
“He did not only sign those charges, I represented him.
Having benefited and utilised those law, can he now come back to condemn the
law? That is embarrassing. And it should not be accepted. The same AGF, who
worked with that provision of the Constitution, cannot now argue that the EFCC
cannot liaise with the CCB in investigating cases,” Jacobs insisted.
Jacobs argued that the fresh motion by Saraki was an abuse
of court process because he had raised similar issues and sought the same
reliefs in about four other motions he filed before different courts in the
country.
He cited the cases marked: FHC/ABJ/CS/775/15,
FHC/ABJ/CS/905/15 and FHC/ABJ/CS/1507/15 already filed by Saraki in attempt to
frustrate his trial before the CCT.

CCT Chairman, Danladi Umar, adjourned to March 24 for ruling
and possible commencement of trial.

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