Nwude 419 file December 28, 2006 | posted by Nigerian Muse (Archives)

 

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THE NWUDE & CO. FILE

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21 JAN 2005

From ThisDay:

Again, Court Refuses Nwude Bail Application

By Abimbola Akosile and Amina Amali

An Ikeja High Court judge, Justice Olubunmi Oyewole has dismissed a second bail application filed by Chief Emmanuel Nwude, first accused person in an on-going Advance Fee Fraud a.k.a. 419 trial involving $242million. The judge refused the application on the grounds that it
application was incompetent.

Nwude, who is standing trial in the four-month old matter alongside Mrs. Amaka Anajemba, (2nd accused) and Mr. Nzeribe Edeh Okoli, in a de novo (fresh) trial, which began on October 5, was not in court at last adjourned date (on Wednesday). He is currently under -going treatment at the National Hospital, Abuja, allegedly for a kidney-related ailment, and his absence stalled the trial.

The presiding judge, who earlier ordered the Economic and Financial Crimes Commission (EFCC) to obtain a medical report on accused's health status, in a bid to determine continuation of trial, however refused and rejected the bail application filed by Nwude, through his counsel,
Chief Alex Izinyon, SAN.

A mild argument occurred between Izinyon and lead prosecution counsel, Mr. Rotimi Jacobs, on the issue of medical report ordered by the court. Jacobs accused Izinyon of going behind him, contrary to court orders, to obtain the report from the hospital. Izinyon also countered that Jacobs was only concerned about the trial, and not his client's state of health, when he wrote a letter to the hospital asking that Nwude be transferred to Lagos to face trial.

Ruling on the bail application, Justice Oyewole claimed an appeal on his earlier ruling on bail request (filed by Nwude) was pending before the Court of Appeal, and granting the fresh application would amount to stepping on the higher court's jurisdiction. He added that he will do
that, unless the accused files a notice of discontinuance, or the notice is struck out by the higher court.

The judge also claimed there was no deviation in the new medical report on the accused applicant (Izinyon told the court his client was stooling blood), which would have warranted a fresh application for bail being granted. He thereafter refused and dismissed the bail application, and adjourned the matter till February 9,11,14,15 & 16 for continuation of trial.

First arraigned in Abuja on February 4th, 2004, accused persons, were alleged to have defrauded a Brazilian banker, Mr. Nelson Sakaguchi of a sum of $242million over a three-year period, from April 2, 1995 to January 20, 1998 at Opebi, Ikeja, Lagos State, contrary to Sections 1(1)(a) and (3) of the Advance Fee Fraud Act of 1995 as amended by Act 62 of 1998.

The amount was said to represent payment due to the Federal Government on the alleged contract No. FMA/132/019/82 for the construction of Abuja International Airport, Nigeria. Penalties for each of the counts range between seven and ten years. The accused persons are facing a fresh 98 count charge, with twelve additional counts.

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14 JAN 2005
From the Daily Independent (Online)

Alleged 419 : Nwude is dying, counsel tells court

By Victor Efeizomor
Law Reporter.

The Advance Fee Fraud suspect, and a former director of Union Bank Plc, Emmanuel Nwude, standing trial for allegedly defrauding a Brazilian bank of $247 million is said to be seriously ill and currently in the intensive care unit of an Abuja hospital.

The suspect is to undergo a second major surgical operation at the Abuja
General Hospital next week to be performed by a team of neurologists and brain specialists to stabilise his health condition.

Emmanuel Ofulue, counsel to Nwude who made this known on Thursday at the resumed trial at an Ikeja High Court, told the presiding judge, Justice Joseph Oyewole that the health condidtion of his client was critical adding that "Since he was admitted , I visited him and the condition was serious and he is considering a second operation. We are grateful to the Economic and Financial Crimes Commission (EFCC) for allowing him to go back to the hospital, where he was operated upon," he said.

But controverting the claims, Rotimi Jacobs, an EFCC lawyer and prosecution counsel stated that Nwude’s condition was not as serious as the defence counsel wants the court to believe, adding that he could not contact the doctor handling the case on his visit to the hospital to ascertain the true position of the accused person.

Oyewole, on that score ordered that a medical report should be forwarded to state the true position of Nwude’s health and dismissed an oral application brought by Amaka Anajemba, one of the suspects standing trail ,asking the court to grant her limited and conditional bail in view of the recent development.

Arguing the application, Anajemba’s counsel, Chris Uche (SAN) told the court that the condition under which his client was being detained is in such a terrible state as it has started having serious impact on her health , saying that Amaka is a victim of circumstance.

"I am asking that if she is granted limited bail, she will regularly attend the court proceedings to stand her trial. We will agree to any condition, even if it amounts to reporting to EFCC on a weekly basis. She has enough property of her own and she will not run away from the country", Uche pleaded with the court.

Jacobs countered the defense counsels argument, positing that the issue of bail has already been decided by the court when the judge dismissed the application which is at the court of appeal and that the lower court has no jurisdiction to decide on a case before the appellate court. He said the defense can not come to accuse the prosecution of delaying trial when it was he who has been frustrating the trial.


This Day

January 14, 2005
$242m Scam: Court Demands Nwude's Medical Report

An Ikeja High Court judge, Justice Olubunmi Oyewole, yesterday told officials of Economic and Financial Crimes Commission (EFCC), to obtain a medical report showing Chief Emmanuel Nwude's health status from the National Hospital, Abuja...

By Abimbola Akosile, 01.14.2005

An Ikeja High Court judge, Justice Olubunmi Oyewole, yesterday told officials of Economic and Financial Crimes Commission (EFCC), to obtain a medical report showing Chief Emmanuel Nwude's health status from the National Hospital, Abuja, where he is currently undergoing treatment for an undisclosed ailment, in a bid to determine commencement of trial in a $242 million Advance Fee Fraud a.k.a. 419.
Justice Oyewole made the call yesterday when trial in the matter could not continue, as a result of Nwude's absence, due to his inability to return from Abuja to stand trial.

Nwude is standing trial in the four-month old matter alongside Mrs Amaka Anajemba, (2nd accused) and Mr Nzeribe Edeh Okoli, in a de novo trial, which began on October 5.

Also, Chief Chris Uche, SAN, Anajemba's counsel, used Nwude's absence to apply orally for limited bail for his client, in view of the delay in the trial's conclusion, a move resisted by Mr Rotimi Jacobs, EFCC Counsel in the matter.

Anajemba application for bail last year was refused, and he went to Court of Appeal to appeal against the ruling.

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November 08 2004 at 05:16PM

Lagos - Nigeria's biggest fraud trial - involving three men accused of bringing down a Brazilian bank through a notorious "419" scam - was adjourned on Monday following a fresh legal challenge posed by a leading defence lawyer.

Godwin Kolawole Ajayi, defending Emmanuel Nwude, a banker, told a Lagos High Court that the law establishing the Economic and Financial Crimes Commission (EFCC) was illegal.

The EFCC, set up by the government of President Olusegun Obasanjo, is the anti-corruption and crime agency which investigated and prosecuted the accused.

The trio are standing trial over allegations that they tricked a corrupt bank official into sending them about $242-million from his Brazilian employer in Nigeria's biggest case of "advance fee fraud", also known as a "419".

The money was siphoned out of Banco Noroeste SA of Sao Paolo between 1995 and 1998. When the bank eventually collapsed in 2001, British investigators found a $242-million black hole in its accounts.

Ajayi said the Act contravened Section 214 of the Nigerian constitution which stipulates the role of police in the investigation and prosecution of crimes.

He said the agency was seeking to usurp this responsibility.

Judge Olubunmi Oyewole adjourned the case to Wednesday to enable the prosecution to respond to Ajayi's challenge.

The three defendants in the case are Nwude, housewife Amaka Martina Anajemba and businessman Nzeribe Edeh Okoli.

The court has so far refused to grant the accused bail on the grounds that they faced life in jail and could try to flee. - Sapa-AFP

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The Punch, Friday Feb. 6, 2004

I’ll expose hidden things... says suspect in historic 419 trial• Uba, Wabara’s aides sighted in court

Tobi Soniyi, Abuja

WHAT promises to be an epic trial in the fight against financial crimes began on Thursday as 86-count charges were brought against four persons and four companies for perpetrating a $242 million advance fee fraud, known as 419.

The suspects, Mr. Emmanuel Nwude; Mrs. Amaka Anajemba; Chief Nzeribe Edeh Okoli, and Mr. Emmanuel Ofolue all pleaded not guilty to the charges which were read to them one after the other.

The four companies charged along with them are, Fynbaz (Nig) Limited; Emrus (Nig) Limited; Ocean Marketing Co. (Nigeria) Limited and African Shelter Bureau (Nig) Limited.

Apart from the 86 charges, Mrs. Anajemba and Mr. Obum Osakwe were also charged with attempts to bribe officials of the Economic and Financial Crimes Commission.

The high-profile trial lived up to its promise of attracting adequate attention.

While the proceeding was going on, the self acclaimed godfather of Anambra politics, Chief Chris Uba, came in briefly but refused to state his mission.

Similarly, some aides to the President of the Senate, Chief Adolphus Wabara, were also sighted around the court premises.

Anajemba and Osakwe, who face four-count charge for the offence, pleaded not guilty.

But, in an outburst before the court, one of the defendants warned that the case would bring to light some embarrassing revelations.

“I will say the truth. I will tell the court and the whole of Nigeria what happened in this case, even if I die for it. There are so many hidden things which I will bring out,” Okoli declared, before being asked to confine his answers to a simple plea of “guilty” or “not guilty”.

The trial judge who is the Chief Judge of the Abuja High Court, Justice Lawal Gumi, ordered that all the accused persons be remanded in custody pending the time they would file a written application for bail.

Justice Gumi had earlier ordered that all the suspects be remanded in Kuje prison but counsel to the EFCC, Mr. Rotimi Jacob, pleaded that they be allowed to remain in the commission’s custody.

He told the judge that the commission would have to continue to interrogate them and that sending them to Kuje Prison would make them inaccessible.

He told the judge that it was in the interest of the suspects to be in custody of the commission than to go to prison.

The suspects’ lawyer, Mr. Chris Uche, did not object to his request.

This request forced the judge to amend his earlier ruling.

The accused persons and companies were charged with obtaining by false pretence $190 million from one of the directors of Banco Noroeste Bank based in Sao Paolo, Brazil, Mr. Nelson Sakaguchin, and Stanton Development Corporation. The money was said to belong to the Brazilian bank, which subsequently collapsed in 2001.

The accused were also charged with obtaining $1.5 million from their victim as fees payable to the Federal Government for the contract for the construction of Abuja International Airport.

In the charge sheets, Mrs. Anajemba was said to have presented herself as Mrs. Rasheed Gomwalk, Rossy Ford and Olisa Agbakoba, at different times during the period the offences set out in the charges were committed.

Nwude was also stated to have paraded himself as Tossman, Paul Ogwuma Odingwe.

The suspects were also accused of obtaining by false pretence $750,000.31 being the property of Banco Noroeste S.A. of Sao Paulo of Brazil.

In count six, they were charged with obtaining by false pretence with intent to defraud $ 3.9 million as payment in lieu of Nigerian Deposit Insurance Corporation’s papers and valuation certificate.

In count seven, they were charged with obtaining by false pretence $6.5 million from Nelson Sakaguchi and Stanton Development Corporation, being property of Banco Noroeste S.A. of Sao Paulo.

From the same Brazilian bank, the suspects were said to have obtained under false pretence, $ 1.3 million and another $5.3 million from the bank to represent mandatory tax deposit and Value Added Tax in connection with a purported contract for the construction of Abuja International Airport.

At different points in time, the suspects were said to have obtained $ 4.7 million; $4.3 million; $4.2 million; $190 million; $1.2 million; $550, 000.00 and another $1 million.

The suspects were alleged to have hoodwinked Sakaguchin, that they were financing the construction of the Abuja airport.

The Chief Executive of EFCC, Alhaji Nuhu Ribadu, an Assistant Commissioner of Police, described the arraignment as a “milestone in the life of this commission and by extension, our dear country, Nigeria.”

Ribadu was quoted as saying that, “The case is significant in more ways than one. Apart from involving the single biggest haul of advance fee fraud (about $242 million or N36.3 billion), this matter has given birth to other trails, in as diverse and far away places as the United Kingdom; Switzerland; Brazil and the United States.”

He stated that the case was taken over from the Nigeria Police Force, which had been investigating the suspects in the last six to seven years.

He revealed that a substantial amount was recovered from the alleged fraudsters and deposited with the Central Bank of Nigeria.

“What we have been able to recover is massive and it is going through the court process. The money, which runs into billions of naira, has been deposited with the Central Bank of Nigeria. The seized items also included buildings, property and structures,” he added.

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Nigerians on trial for $240-million scam

Fraud

By Festus Eriye, Lagos

Three Nigerians on trial in Abuja have pleaded not guilty to charges of stealing millions of dollars from a bank in Brazil in one of the country's largest "419-scam" busts.

The men allegedly persuaded the head of international finance at Banco Noroeste in Sao Paolo, Brazil, to send the money for what they claimed to be the construction of a new airport.


Nigeria is world-famous for such scams, in which people are promised vast wealth for their help to get imaginary projects off the ground.


The so-called 419 scams, named after the section of Nigeria's criminal code that legislates against such fraud, usually involve advance-fee theft, but in this case things clearly went further.


Brazilian banker Nelson Sakaguchi was allegedly introduced to the three accused by a Nigerian friend in 1994 while he was on a visit to the country.


By mid-2001, the Brazilian had transferred 240-million of investors' money to the Nigerians.


One of the men being tried by the Economic and Financial Crimes Commission is Emmanuel Nwude, a one-time board member of Union Bank, one of Nigeria's largest. Although he is no longer a director at the bank, he remains one of its largest shareholders.


Amaka Anajemba and Emmanuel Ofulue are also on trial.


Two others, Nzeribe Okoli and Obum Osakwe, were not part of the original scheme but are lawyers allegedly recruited to bribe officials of the Economic and Financial Crimes Commission to drop the prosecution.


During the elaborate set-up, one of the accused posed as the governor of the Nigerian Central Bank, while another posed as the deputy governor, who is responsible for foreign operations.


Sakaguchi was told that the men had won a contract for the construction of a new international airport at Abuja.


The Brazilian bought into the scheme and started wiring money, which he tapped illegally from his own bank's funds to the start-up of the non-existent contract. Up to eight payments were made into various accounts.


Nwude was arrested last year in his posh home in Ikoyi, Lagos.


Among the items seized during the raid were, literally, dozens of luxury vehicles.


Criminal investigations relating to the case are also under way in Switzerland, the UK, the US and Brazil.

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http://dawodu.com/oduyela2.htm

THE $242 MILLION BANK FRAUD TRIAL:
OF THE CULPRITS & THEIR ACCOMPLICES


By


Seyi Oduyela

seyioduyela@aol.com


The arrest and eventual trial of the big names in the Advanced Fee Fraud in Nigeria by the Ribadu-led Anti-Financial fraud Commission has opened a new chapter in the Nigerian government efforts to take the bull by the horn. Many Nigerians did not take the commission serious. At first the arrest to me seemed like several other ones we have had in the past. These men, Ade Bendel, Fred Ajudua, Emmanuel Nwude, Maurice Ibekwe and others yet to be arrested have done so much damage to Nigeria's image in and outside the country.

I have had an encounter with Alhaji Nuhu Ribadu, even before his appearance at the Justice Oputa-led Human Rights Violation Investigation Commission; and I know what he has been doing behind the scene as a Police lawyer to fight these fraudsters, and what he has been able to do and what he can do to fight this social scourge. I won't say more than that. Ribadu is an officer who believes in using every means genuine to fight a cause he believes in. He has been very helpful to journalists, who do not cover crime for handouts but for the purpose of unearthing crime.

Alhaji Nuhu Ribadu was able to go this far because his commission was not placed under the Inspector General of Police, because he would have been subdued. The case of James Ibori, Governor of Delta State and how the Police handled the investigation speaks volume of the person and character of the Inspector General of Police, and most recently the Anambra State crisis in which Tafa Balogun is now playing the Pontius Pilate.

I am writing on this now because I have waited long to see the trial come to fruition and so far I am expressing my satisfaction in Ribadu's efforts in ridding our country of these men f the underworld who do not rob with gun but with pen, Internet and brain. Those who do not know about this scam may not know or believe that it is in actual fact a Pandora box. It is an octopus. I know much about the story and also investigated it when I was in Nigeria. One of my friends in journalism gave me the document running into 300 pages in 2002. It took me a week to digest the information on how these men led by Emmanuel Nwude destroyed an investment, the sweat of a family that span over 70 years, within 3 years. The deal started in 1995 and lasted till October 1998, according to the information at my disposal.

Banco Noroeste had been in existence for over 70 years but the duo of Nwude and Anajemba, with the help of the gullible and greedy Sagakuchi helped in getting the sum of $242 Million out in three years. Sagakuchi is a friend of Dr. Ukeh an ex-convict who brought the 'business' to the duo of Nwude and Anajemba. I read in the document how Nwude imported marble worth $38 million from Switzerland to Nigeria. Nwude has 40% shares in Union Bank, owns L'Amour Bottle water.

I am still wondering why the Ribadu-led Commission has limited its dragnet to the Advanced Fee Fraudsters leaving other agencies involved in the laundering of the loot. According to the document, these men for the laundering used about 15 commercial banks from 1995-1998. Notorious among the banks is African International Bank. On a day, this bank got 184 Million Naira into one account in April 1996. This was at the time when the National Drug Law Enforcement Agency issued a directive that no individual can deposit more than 500,000.00 Naira in his account and the maximum a corporate organization can deposit at a time was put at 3 Million Naira. What was done was that at different times in one day different cheques were deposited to one account. African International Bank was formerly known as BCCI, a bank caught and shut down worldwide for money laundering in the late 80s, but because the then Sultan of Sokoto is a major share holder in it, the Babangida-led government allowed the change of the Bank's name to African International Bank. Other banks used are Diamond Bank, Zenith Bank, Gulf Bank, Union Bank, Equatorial Trust Bank and many others. The loots were sent to the banks through wire transfer from the Banco Noroeste's foreign account to a bank in Switzerland, transferred to a bank in New York and then to these banks. Some of them used some foreign bank as midway. What is surprising too is the silence of the Central Bank throughout this period.

Apart from banks, some individuals were also used and they have not been called for questioning. One of them is the Managing Director of a commercial bank now, he is Frances Atuche. Atuche during this period was the Managing Director of Finacorp one of the financial institutions used in the laundering of the money to Nigeria. A certain amount was paid to Atuche through the Finacorp account and it is also said that Atuche and Naresh Asnani are friends. Until lately, Asnani was a director of Platinum Bank where Atuche is the Managing Director and Dr. Pat Utomi, the Chairman.

One of the lessons I learnt in this case is that in the world of 419 trust is a strange language, no one trust each other. You can also fall victim of your partner. Advanced fee fraud is not for friends but for business partners who must keep their eyes open. This deal according to investigation led to the brutal murder of Ikechukwu Anajemba when he proved smarter than his colleagues did.

According to findings after the deal had been completed, Anajemba was expected to turn in some of the loot that came in through his phoney companies, this he refused to do and the manhunt started. This manhunt ended when he was caught on his way from his village back to Enugu in October 1998. He ran into an ambush and was brutally murdered. After his death, they went after his wife, who refused to recognise her late husband's business partners, as, according to her, there was no evidence that her husband had dealing with anybody and no record to show that he owed anybody. This fight was still on until the long arm of the law caught up with them. This is a case of dog eat dog. Since after her husband's death, Mrs Anajemba has been living with about 8 Mobile Police who serve as escorts and guards in her GRA Palatial estate in Enugu.

Before Ribadu and his men, the police had this information but never investigated, they did but were making money from it. I am aware that Ukeh had written threat letters to Amaka Anajemba, over the loot. Ukeh, a medical doctor who once wanted to be Enugu State governor, never practised as a doctor, but was once jailed in the United Kingdom. The police, according to sources went to Ukeh's house, though he was not in, but they found gun, he was arrested and later granted bail.

A letter of petition was sent to the Inspector General of Police who never bothered to investigate this matter. It is sad that the police has been turned to the highest bidder takes it. Where people of questionable character like Otunba Johnson Fasawe, Emeka Offor, Uba and many others use Police trained with taxpayers' money to protect themselves and their ill-gotten wealth. Otunba Fasawe is by no means a very rich man, but how did he make his money? Has anybody ever bothered to question this man? He was arrested with old man Afolabi over the $214million Sagem S.A. bribe. Offor owns Chrome Airline, Afex bank, and many other blue chip companies, someone without a sound formal education, and nobody has ever bothered to ask him for the source of his wealth! These are people who gain unhindered access to the seat of power where the likes of Yemi Giwa of Nigerian tribune are denied! They don't enter the villa with pass; they have automatic access to Baba and the Turaki, including the Uncle Bola Ige's murder suspect, Senator Omisore. Maurice Ibekwe smuggled himself to the National Assembly and he became a member of House Committee on Police Affairs. He did not go to the National Assembly to serve his constituency; he went there to protect his dubious business and enjoyed the cover under the kleptomaniac Na'Abba. There was another Alliance for Democracy (AD) member of the House in the last Republic who also used his office to swindle a Korean businessman; this man is elderly and no more in AD.

These fraudsters too saw sense in investing where that matters, the media industry. Ade Bendel, in 1999 established Evening Express, at least to boost his image, but since the investment was from unclean money, his General manager also squandered the fund and so evening express went to sleep never to wake up till today. Ajudua is believed to be the brain behind another magazine in Nigeria. Let the Ribadu Commission go beyond these guys and go after their friends. Let the justice be even.

I think there is still one man Alhaji Nuhu Ribadu should lookout for. He has been very elusive, evasive and slippery. His first name stars with D and his last name with B. he is a Yoruba man. He is hiding under fish depot business along the Abeokuta expressway, not too far from Abule-Egba. From findings he is planning to spring or he has sprung up a local airline in Nigeria.

The story of Nwude and Anajemba has demystified Ajudua, Ade Bendel and the likes of Maurice Ibekwe. With these new discoveries, Ajudua and his men are like petty fraudsters. What we want to hear from Ribadu and his men now is: who are the backers of these men? They have ears and eyes in high places; they have men in Central Bank, Ministries and even the Presidency. A onetime Police Public Relations Officer has been fingered as assisting these men in drafting some of their letters.

What is amusing is the way the Nigerian media is now celebrating this story and trial. The story is not new neither is the document on the deal new. The document had been a source of revenue for some media houses in Nigeria since 2001. Some media houses had made so much money from covering up this story. Some of them made as much as 15 Million Naira to keep mute over this story and yet they are part of those celebrating this story now.

While they are facing trial, the junior ones are still at it. They still keep sending emails to people introducing them to business and sending proposals to foreigners. Who is to blame these men or their preys? Their preys are as guilty as they are. No sane man would want to do business with someone he has not met before. It takes a thief to deal with a thief. Sagakuchi had been using his bank's money to run a deal without the knowledge of the bank; it was also surprising that the accounting firm that audited the accounts of the Bank for the period of the fraud did not detect the fraud. According to Karl Marx, nature has enough for everybody's need but not for everybody's greed. What killed Sagakuchi were greed and his fellow victims of Advanced Fee Fraud. I have got so many emails from Nigerian fraudsters; I have been involved in reporting these men to Cyber cafe owners in Nigeria, whenever I go to cyber cafes to browse back home. I have also gone as far as forwarding emails sent to me to the then Police Public Relations without anything positive coming out of it. The Ribadu commission's step is a welcome one. This is just the beginning and I am sure many would still be caught.

The Ribadu commission should focus on the cyber cafés, where the Internet has been colonised and now serves as den of these new generation fraudsters. While in Nigeria, I visited more than 20 cyber cafés in Lagos and Abuja and only a few of them do not permit these nefarious activities. The Police who go to raid cyber cafés are not helping situation. They do not know what to look for, so they go in to arrest and harass users of the cyber café. At the Festac town, cyber café owners 'settle' the Police on monthly basis to allow their business to flow without interruption.

What they do apart from sending letters is also to clone, regenerate and change credit card information. The Nigerian government alone cannot handle this, because, we do not have credit card facility but Nigerian government in cooperation with the United States, Britain can clamp down on this cartel.

More powers to Alhaji Ribadu's elbow.

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