EFCC files charges against ex-NNPC GMD Yakubu

THE Economic and Financial Crimes Commission (EFCC) on Friday filed a six-count charge bordering on failure to make full disclosure of assets, receiving cash payments without going through financial institutions and intent to avoid lawful transactions against a former Group Managing Director (GMD) of the Nigerian National Petroleum Corporation (NNPC), Andrew Yakubu.

The anti-corruption commission filed the charge, number FHC/ ABJ/CR/43/2017, dated 9 March, 2017 and signed by Prince Ben Ikani, Esq and four others on behalf of the Federal Republic of Nigeria, at the Abuja Division of the Federal High Court.

The first count charge alleges that Yakubu on or before 18 August, 2015 at the EFCC office at Wuse II, Abuja, knowingly failed to make disclosure of his assets, to wit the sum of $9,772,800 in the declaration of assets form he filled, thus committing an offence contrary to Section 27(3)(a) of the EFCC (Establishment) Act, 2004, punishable under Section 27(3)(c) of the same act.

The former NNPC boss was in count two alleged to have knowingly failed to make full disclosure of the sum of £74,000 in the declaration of assets form he filled on 18 August, 2015 at EFCC office in Abuja, committing an offence contrary to Section 27(3)(a) of the EFCC (Establishment) Act, 2004, punishable under Section 27(3)(c) of the same act.

According to count three, Yakubu sometime between 2012 and 2014 in Abuja without going through a financial institution received cash payment of the sum of $9,772,800, thereby committing an offence contrary to Section 1 of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 16(2)(b) of the same Act.

Count four of the charge filed against Yakubu alleges that between 2012 and 2014, he received in Abuja the sum of £74,000 without going through a financial institution, committing in the process an offence contrary to Section 1 of the Money Laundering (Prohibition) Act, 2011 as amended and punishable under Section 16(2)(b) of the same Act.

The anti-graft agency accuses Yakubu in count five to have between 2012 and 2014 in Abuja with the intent to avoid a lawful transaction under the law transported at various times the aggregate sum of $9,772,800 to Kaduna knowing or reasonably ought to know that the said funds formed part of the proceed of some form of unlawful activity and thereby committed an offence contrary to Section7(4)(b)(ii) of the Advance Fee Fraud and Other Related Offences Act, 2006 and punishable under Section 7(5) of the same Act.

The former NNPC GMD, according to EFCC in count six of the charge, sometime in 2012 and 2014, intended to avoid a lawful transaction under the law transported at various times to Kaduna the aggregate sum of £74,000 when he knew or reasonably ought to know that the funds formed part of proceed of some form of unlawful activity and thereby committed an offence Section7(4)(b)(ii) of the Advance Fee Fraud and Other Related Offences Act, 2006 and punishable under Section 7(5) of the same Act.

Meanwhile, the suit is yet to be assigned to any the judge as of the time of filing this report and no date is scheduled for arraignment of the NNPC former supremo.

EFCC had on 3 February made recovering of the sums of $9,772,000 and £74,000 when its operatives stormed a building belonging to the former NNPC boss in Kaduna.

The recovery of the money, said to have been stashed in a huge fire proof safe, following intelligence the commission received.

Yakubu had admitted to the ownership of the money and the house where it was found when he reported at EFCC’s zonal office in Kano on 8 February.

Justice Zainab B. Abubakar of the Federal High Court, sitting in Kano, had on 14 February ordered the forfeiture of the sums of $9,772,00  and £74,000 recovered from Yakubu’s house to the Federal Government.

The order was sequel to an ex parte application by the anti-corruption commission seeking an interim forfeiture of the recovered money to the Federal Government.

But in a twist,  Yakubu filed a suit filed through his counsel, Ahmed Raji (SAN), challenging his detention since 8 February and demanding the enforcement of his right to  dignity of person, personal liberty, fair hearing, freedom of movement, private and family life and to acquire own property.

Aside praying the court to shield him from further investigation by the EFCC, he is also demanding a sum of N1billion as cost against EFCC and Attorney-General of the Federation (AGF), who is the second respondent in the suit he filed at the Federal High Court, Abuja, for the violation of his rights.