A’Court approves ex-AGF process after repayment of N6.4 billion

The Court of Appeal, Abuja, has overturned the judgment of a lower court barring the Economic and Financial Crimes Commission from bringing civil or criminal proceedings against a former Federation accountant general, Jonah Otunla.

According to the EFCC, on Monday, January 30, 2023, a three-member panel of the Court of Appeal ruled in a judgment marked CA/A/657/2021 that Otunla failed to prove that there was an actual non-prosecution agreement between him and the EFCC.

The spokesman for the anti-graft agency, Wilson Uwujar, revealed this in a statement obtained by our correspondent on Wednesday night.

Uwujaars noted that the court upheld the arguments of EFCC’s attorney Sylvanus Tahir and resolved the four issues found in favor of the commission.

He said: “Justice Danlami Senchi, reading the verdict, noted that Otunla made no written commitment, beyond his words and those of his lawyer, that such an agreement existed.

“Justice Senchi believed that Otunla could not stop his prosecution simply by claiming an agreement, the existence of which he could not prove with any credible evidence. “In the present case, there is no evidence to support the plea of ​​the defendant (Otunla) that he will not be prosecuted; that no criminal or civil charges may be instituted or instituted against him. There is no plea deal or any documentary evidence regarding the President Panel for the Recovery of Funds.

“In general, the profession is meritorious and well-founded. The verdict of the Federal Supreme Court, in case number: FHC/ABJ/CS/2321/2021 rendered on July 16, 2021 by the honorable judge IE Ekwo is hereby set aside.”

He noted that other members of the panel – Justices Stephen Adah and Elfreda Williams-Daudu – agreed with the ruling ruling.

According to Uwujaaren, the EFCC investigated Otunla in connection with two matters; the alleged diversion of approximately N24billion intended for disengaged personnel of Nigeria’s defunct Power Holding Company and the N2billion allegedly received from the Office of the National Security Adviser.

He added that Judge Inyang Ekwo of the Federal Supreme Court in Abuja, in a July 16, 2021 verdict, had confirmed Otunla’s claim of an existing verbal agreement between him and the then acting chairman of the EFCC, Ibrahim Magu, that he would not be prosecuted if he makes repayment to the federal government.

Uwujar said: “Justice Ekwo, in the 2021 verdict on the lawsuit, marked: FHC/ABJ/CS/2321/2021 filed by Otunla, held, among other things, that given the assurance given to him by Magu, that his return of the money, he could no longer be prosecuted for his actions while in office between 2011 and 2015. Otunla had claimed in an affidavit that Magu had promised him that he would not be prosecuted if he returned money that belonged to him and his affiliates companies had been returned to him and his allies.

“He stated that sometime in 2015 he was invited by a team of EFCC investigators, who were investigating alleged diversion of funds from the office of the ONSA and the Power Holding Company of Nigeria pension funds. Otunla said he met Magu later during the investigation when the then-acting EFCC chairman personally told him to “pay back the money associated with your companies and no one will prosecute you.”

He said that, based on Magu’s promise, he had a conciliatory meeting with the team of investigators where he immediately promised to make some money available as repayment.

“In accordance with the agreement, Otunla said that one of his affiliated companies – Stellar Vera Development Ltd, repaid N750 million, another company – Damaris Mode Coolture Ltd, repaid N550 million, while the two companies later jointly repaid N2150 billion.

“He added that at one point he cashed several manager checks for N10 million in favor of the EFCC, which he handed over to the Department of Economic Administration. Otunla said he has repaid a total of N6.392 billion to the Federation account through the EFCC.