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N319.8 Million Fraud: Court turns down Ecobank’s request to restrain NSA from arresting staff

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By Francesca Hangeior

Justice Inyang Ekwo of the
Federal High Court sitting in Abuja has dismissed a suit instituted by Ecobank Nigeria Limited, seeking to restrain the National Security Adviser from carrying out its threat to use the law enforcement agencies to arrest and harass members of its staff on the allegations of fraudulent disbursements of N319,830,000 from the federal government’s Niger Delta Amnesty Programme.

Delivering his judgement on the
the fundamental rights suit filed by the bank against the Attorney General of the Federation, the National Security Adviser (NSA), and the Federal Government regarding the Niger Delta Amnesty Programme, Justice Ekwo held that fundamental rights applications cannot be used to shield the allegations

Dismissing the suit, Justice Ekwo held that the banker-customer relationship remains a civil transaction as long as there is no element of criminality involved.

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The bank had asked the court to declare that the continuous invitations, intimidation, harassment, and threats to arrest and detain its staff by the respondents, in order to force it to pay N849,408,000—allegedly lost by the Amnesty Programme due to purported negligence—were unlawful, unconstitutional, and in breach of the applicant’s rights to operate as a corporate entity and maintain its corporate dignity.

Oladipupo, Regional Operations Head of FCT, Ecobank Nigeria Limited, testified in suit no: FHC/ABJ/CS/469/2023 that on January 19, 2023, commercial banks, including Ecobank, were summoned to a meeting by the ONSA regarding the amnesty scheme.

At the meeting, he stated that the NSA informed bank representatives that some beneficiaries of the amnesty scheme had been receiving double payments by opening multiple accounts in several banks, and that the program had been paying funds to unknown individuals.

He said that afterward, the NSA sought the banks’ support in addressing these challenges and ensuring that the leakages were blocked.

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Oladipupo added that to the bank’s surprise, the NSA Permanent Secretary, Mr. Aliyu Mohammed, informed the banks that the Federal Government had purportedly lost N13 billion due to the leakages and demanded that Ecobank refund N849,408,000 within two weeks.

Oladipupo said the amnesty program’s solicitors later demanded the payment of N319,830,000 from the bank.

“Shocked by the demand and threat of arrest, the applicant requested time to audit their records and verify the claims of multiple payments in line with the instructions given by the Amnesty Programme.”

“The applicant refuted the allegations and denied liability for the said sum in its letter dated February 23, 2023. The applicant did not engage in any fraudulent activity regarding the funds paid to its customers either before or after opening the accounts,” Oladipupo submitted.

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The bank stated that the amnesty program, specifically the NSA, had been continually inviting its staff to pressure the bank into making the payment.

“The Amnesty Programme specifically threatened to use the DSS and Police to arrest, harass, and intimidate the top executives of the bank to force the applicant to comply with the unlawful request for payment of N849,408,000.

“The fundamental rights of the applicant, its directors, staff, or agents to liberty, freedom of movement, and the right to own movable property, especially its standing with the Central Bank of Nigeria, are likely to be infringed by the respondents,” he said.

However, Mr. Melvin Obiakor, a Reintegration Officer in the Presidential Amnesty Office, countered the bank in a deposition on behalf of all the respondents.

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Obiakor stated that under the Stipend Programme, each ex-agitator is entitled to one payment per month into their respective accounts opened and maintained with local Nigerian banks, including Ecobank, effective from 2010/2011.

He said that in September 2022, following an audit by the Presidential Amnesty Programme Office on the payment of stipends from the commencement to September 2022, irregularities and suspected fraudulent activities concerning stipend payments and operations of related accounts opened and maintained with the banks were discovered.

“Initial investigations by the Amnesty Office revealed multiple accounts linked to different beneficiaries with variations of their names. Hence, the need to inquire from the banks where these accounts were held for explanations and clarifications.

“From its internal audit of payments made to agitators, the Amnesty Office discovered that the sum of N849,408,800.00 was paid through Ecobank to eighty persons who had multiple account numbers linked to one particular BVN, contrary to existing CBN guidelines and protocols on the operation of bank accounts,” the deponent added.

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The deponent argued that the bank’s application is mischievous and, if granted, would cause grave injustice and hinder the ability of the respondents and law enforcement agencies to conduct full investigations into the wrongful and illegal payments under the Amnesty Programme.

The deponent accused the bank of attempting to thwart the Amnesty Programme’s efforts in resolving issues surrounding the fraudulent payments of stipends into flagged accounts.

However, Justice Ekwo in his judgement held that where there is any criminality in the transaction between a bank and its customer, the nature of the banking relationship changes, and the parties become subject to criminal liability.

According to the judge, the fundamental rights applications cannot be used to shield allegations of fraud between a banker and its customer.

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“It is my opinion that if a party intends to assert that the matter in contention is contractual in nature and that law enforcement should not be involved, that party has the obligation to substantiate the claim that the subject matter remained contractual throughout the relationship,” the judge stated.

The judge subsequently held that Ecobank failed to provide the court with sufficient grounds to support its allegation of a potential violation of its fundamental rights and that of its officers.

He declared that the respondents are entitled to investigate allegations of fraudulent disbursement of N319,830,000.00 by multiple illegal beneficiary accounts maintained and operated with the bank.

The judge added that “respondents may engage any relevant law enforcement agency to conduct investigations into the fraudulent disbursement of N319,830,000.00.”

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“I therefore make an order dismissing this case on those grounds”.

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Army acquires 43 drones, wings 46 Turkey-trained personnel

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The Federal Government has bolstered the Nigerian Army’s operational capacity with the acquisition of 43 Bayraktar TB2 drones, primarily for deployment in the North-West theatre of operations.

The Commander of the Nigerian Army Space Command, Brig. Gen. U.G. Ogeleka, disclosed this on Tuesday during the winging ceremony of 46 personnel trained in the operation and maintenance of the drones.

The initiative, codenamed Project Guardian, aims to strengthen military operations against insurgency and other security challenges in the region.

“Between May and September 2022, a team of 35 officers and 11 soldiers from the Nigerian Army’s routinely piloted aircraft system regiments underwent specialised training in Turkey on the operation and maintenance of the Bayraktar TB2 drones,” Ogeleka said. “The training crew included multi-piloted aircraft pilots, mission operators, avionics, and mechanical engineers and technicians.”

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Out of the 46 trained personnel, 14 are multi-piloted aircraft pilots, seven are mission operators, and 23 are engineers and technicians.

Ogeleka presented 22 of the trained personnel for the winging ceremony, noting that the others are actively engaged in operational duties.

The Chief of Army Staff, Lt. Gen. Olufemi Oluyede, praised the acquisition of the drones and the training of personnel as significant steps toward enhancing the army’s professionalism and combat readiness.

“The winging of these 22 officers and soldiers as pilots and certified maintenance engineers is a morale booster for others in service,” Oluyede said. “It confirms their readiness to operate and maintain the Turkish Bayraktar TB2 drones in our inventory.”

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Oluyede further revealed plans to procure additional unmanned aerial systems in the coming year to strengthen military operations across all theatres in the country.

The drones will play a critical role in addressing security challenges in the North-West, a region plagued by banditry and insurgency.

Their advanced surveillance and strike capabilities are expected to significantly enhance the Nigerian Army’s operational effectiveness.

This development underscores the government’s commitment to leveraging technology to improve national security and highlights the Nigerian Army’s drive to modernize its arsenal and build capacity within its ranks.

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With more unmanned aerial systems set for acquisition, the military’s ability to conduct precise, real-time surveillance and combat operations is poised for substantial improvement.

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Ondo Assembly mulls 10-year jail term for land grabbers

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The Ondo State House of Assembly is considering a bill that proposes harsh penalties for land grabbers, including up to 10 years imprisonment for forceful entry or illegal takeover of properties.

Governor Lucky Aiyedatiwa has further reinforced the fight against land grabbing by signing an Executive Order to prohibit such activities.

The order aims to end forceful entry, illegal occupation of landed properties, and fraudulent or violent conduct related to land in the state.

To strengthen enforcement, the governor has established a Task Force to protect property rights, uphold the rule of law, and ensure a secure environment for property owners and residents.

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The proposed bill also includes severe penalties of up to 21 years imprisonment for selling family land without the consent of the family head or secretary.

Hon Moyinolorun Ogunwumiju, the lawmaker representing Ondo West Constituency 1, who sponsored the bill, spoke during a public hearing on the bill

Hon Ogunwumiju assured stakeholders that the bill would improve land administration, protect landowners, attract investors, and foster peace and development in the state.

He explained that the bill sought to regulate land dealings, protect landowners and buyers, penalise encroachers, and criminalise unregistered agents.

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Ogunwumiju said the bill proposed penalties of up to 10 years’ imprisonment for forceful entry or takeover of properties and up to 21 years for selling family land without the consent of the family head or secretary.

Speaker of the Assembly, Hon Olamide Oladiji, urged committee members and stakeholders to ensure the bill served the interests of the people.

He said the bill would maintain order in the state and impose necessary sanctions on offenders.

“Land grabbers pose a significant threat to property acquisition. Their activities ranging from trespassing, forceful occupation, and illegal sales of properties to multiple buyers must be confronted decisively.”

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Majority Leader and Chairman of the House Committee on Rules and Business, Oluwole Ogunmolasuyi,  said the bill, would benefit the society at large

Ondo Commissioner for Justice and Attorney General, Kayode Ajulo said the bill would enhance land administration and complement the executive order signed by Governor Aiyedatiwa.

Stakeholders including traditional rulers  called for full implementation of the bill when signed into law.

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FG earmarks N250bn for Lagos-Abuja rail project in 2025 budget

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The federal government has made an allocation of N250 billion in the 2025 budget for the Lagos–Abuja mass transit rail project.

This budgetary investment is part of a broader plan to revitalize Nigeria’s infrastructure and stimulate economic growth.

The government’s focus on infrastructure development is rooted in the belief that it is a cornerstone of long-term economic planning.

By investing in critical infrastructure such as roads, railways, energy, healthcare, and education, the administration aims to create a conducive environment for both domestic and foreign investment.

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The Lagos-Abuja rail project, in particular, is expected to have a transformative impact on the Nigerian economy.

By improving transportation connectivity between two major economic hubs, the project will facilitate the movement of goods and people, reduce logistics costs, and stimulate economic activity.

Additionally, the project is expected to create numerous jobs, both directly and indirectly, contributing to the country’s overall employment rate.

The government’s infrastructure investments are also aimed at addressing regional disparities.

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By connecting different parts of the country through improved transportation networks, the administration hopes to stimulate economic growth in underserved regions, reduce poverty, and promote equitable development.

The 2025 budget signals the government’s commitment to transforming Nigeria’s infrastructure landscape.

By investing in critical projects like the Lagos-Abuja rail line, the administration aims to lay the foundation for a more prosperous and connected Nigeria.

However, the success of these initiatives will depend on effective planning, efficient implementation, and transparent governance.

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