97.5m alleged fraud: Court remands Kenny Martins in Police custody

[b]By Kamarudeen Ogundele Published Today News Rating: Unrated
A Federal High Court, Abuja yesterday remanded the National Coordinator, Police Equipment Foundation (PEF), Mr. Kenny Martins in Police custody pending the determination of his bail application.

Police declared Martins wanted on April 3, for allegedly swindling a United States of America-based security company-Calvary Security Group of about US$97.8 million.

This was based on a purported order of a Senior Magistrate Court, Wuse which the police claimed granted the application to arrest Martins.

Sensing danger, Martins rushed before Chief Magistrate Sunday Ochimana who on April 9 ordered parties to maintain the status quo pending determination of an application filed by Martins to stop the police from arresting him.

Martins was later arrested by the police within the court premises last Tuesday and was subsequently arraigned yesterday on a four-count charge prepared by police counsel, Prisca Oguamalam against him yesterday.

Martins is alleged to have knowingly and falsely induced the company to deliver to various persons including Export Import Bank (EX-IM Bank), various property including $400,000 under false pretence that he was representing the Federal Republic of Nigeria.

The offence is contrary to Section 1(1)b) and punishable under Sections 1(3) and 10 of the Advance Fee Fraud and Other Related Offences Act, 2004.

He also allegedly induced the said company to confer on himself "the right or benefit of assessing a loan of $97.5 million on the understanding that the loan will be repaid and thereby committed an offence contrary to Section 1(2) and punishable under Section 1(3) and 10 of the Advance Fee Fraud and Other Related Offences Act, 2004.

Martins pleaded not guilty to the charge afetr they were read to him.

His counsel, Chief Mike Ozekhome asked the court to grant him bail on liberal terms pending the trial and determination of the suit.

Counsel to the police however opposed the bail application; he said the police needed time to consult the authorities cited by the defense lawyer before responding to the application.

Justice Adamu Bello thereby ordered Martins to be remanded in the Police custody pending reply of the police counsel and determination of his application today.

The charge reads in part: *That you Chief Kenny Martins and Police Equipment Fund ………, under the false pretence that you are representing the Federal Republic of Nigeria and by virtue of an agreement dated November 2, 2007, and series of other agreements, attempted to obtain by false pretence the sum $97,500,000.00 million and thereby commited an offence contrary to Section 5(2) and punishable under Sections 8 and 10 of Advance Fee Fraud and Other Related Offences Act, 2004."

He is also accused of inviting officers of the company with the intent to take further steps to assess the said loan from the EXIM Bank, falsely claiming to be an agent of the Federal Republic of Nigeria, and thereby committed an offence contrary to Section 4 and punishable under Sections 4 and 10 of the Advance Fee Fraud and Other Related Offences Act, 2004.

Oguamalam attached the Certified True Copy of court processes filed by the Calvary Security Group, LLC against the Federal Republic of Nigeria and four Nigerian Banks at a United States Disrict Court, Southern District Court of New York as a Proof of Evidence.

Four Nigerian Banks are fingered in the scam.

The action against PEF as an agency of the FRN was brought pursuant to 28 USC 1330, governing actions against foreign states and the jurisdiction was to be obtained by service pursuant to 28 USC 1608.

The action against the banks is claimed under 28 USC 1331 and 28 USC 1332, diversity of citizenship for damages exceeding $75, 000.

According to the process, it was based upon the parties’ agreement to litigate all disputed claims pursuant to the laws of the State of New York and in the United States District Court, Southern District Court of New York as a Proof of Evidence.

The Nation

recalls that Martins is facing alleged forgery of Corporate Affairs Commission documents with his deputy, Ibrahim Dumuje and two lawyers-Joni Icheka and Cosmos facing a two-count charge of criminal conspiracy and forgery brought against them by the police at a Chief Magistrate Court, Abuja.

They allegedly conspired to commit a felony to wit: forge documents relating to Corporate Affairs Commission (CAC) punishable under Section 96(1) of the Penal Code, Cap 532 Laws of the Federation Nigeria 1990 (Abuja).

They also allegedly forged form CAC.7 of NIGERSTALG LIMITED with intent to defraud the Police Equipment Fund thereby committed an offence punishable under section 364 of Penal Code Act Cap 532 Laws of the Federation of Nigeria, 1990 (Abuja).[/b]

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