WRITTEN BY SAHARA REPORTERS, NEW YORK/PM NEWS, LAGOS WEDNESDAY, 09 SEPTEMBER 2009 14:08 In Nigeria, James Onanefe Ibori is a self-confessed friend of President Umaru Yar’Adua. He can enjoy breakfast at Aso Rock, lunch with the Chairman of the People’s Democratic Party, and have cocktails with any assemblage of governors and high society he pleases. Later this month, however, following two years in which he has enjoyed life as a free man in Nigeria, the government of which, through Attorney-General Aondoakaa, tried to help him with his legal problems in the UK, Ibori’s money-laundering activities and fraudulent lifestyle while he was state governor and afterwards, will finally reach trial. The charge-sheet against Ibori and his accomplices show a record of lies, manipulation, deceit and fraud as Ibori engaged in wholesale looting that will make the blood of the people of Delta State boil. With a variety of people that include his wife, Theresa Nkoyo; his sister, Christine Omatie Ibori-Ibie; his former secretary, Adebimpe Pogoson; his mistress, Udoamaka Okoronkwo; his lawyer, Bhadresh Gohil, and others, the charges show that—among others—James Ibori conspired and grossly inflated prices and invoices of contracts that he arranged to benefit himself. In effect, he was defrauding the government that he headed, for his private interests. The charges also show that following a conspiracy with Governor Ibori, his accomplices manipulated UK financial institutions, the law and investment structures with the intent to defraud. As a result of their devious schemes, Ms. Pogoson and Ms. Christine Ibori-Ibie will appear at the Southwark Crown Court in three weeks to face eight counts of money-laundering that demonstrate deep greed and ruthless ambitionIbori’s mistress, Udoamakaa Okoronkwo, will face four charges of money-laundering; the charge of conspiracy to defraud against her has been dropped. Four is the same number of charges that Ibori’s wife, Theresa—who seemed eager to share her husband as long as her marriage foamed-over with hard currency—will face at the Southwark Crown Court 21 February 2010. Bhadresh Gohil faces four counts of money-laundering for his role in the grisly Ibori business. The charge sheet further shows that earlier today, further charges were brought against Mr. Gohil, along with two others: Daniel McCann, of St Mary, Jersey; and Lambertus De Boer of 47 Penfold Street, London NW8.The new charges are in relation to the sale of V-Mobile telecoms shares by Akwa Ibom State and Delta State, in which about $37.8 million was stolen. Former Governor Victor Attah of Akwa Ibom state will feature in the trial as well as Ibori’s associates, David Edevbie and Henry Imashekka. On this particular matter, Gohil, McCann and De Boer were granted bail today. They will be back at the City of Westminster Magistrates Court on 10 September 2009. Below are the charges against James Ibori and his fellow conspirators:
The following will appear at trial at Southwark Crown Court on 28 September 2009: [A] Adebimpe Folayinmi Pogoson [23/10/68 - 40 ys] of Barons Court, Church Lane, The Hyde, NW9 [B] Christine Omatie Ibori-Ibie [4/7/58 - 50 ys] of Woodhill Cres, Kenton, Harrow, Middx
charged with: = Count 1: Between 1 June 1999 and 29 May 2007 they conspired together and with James Onanefe Ibori, Udoamaka Onuigbo (also known as Okoronkwo) and others to defraud the Delta State Government by dishonestly, among other matters: (i) being a party to an inflated price fraud in respect of the contract for the building of a sports track for the Delta State Government at the (ii) being a party to the provision of an inflated invoice fraud in respect of the supply of vehicles to the Delta State Government (iii) being a party to working for the private interests of James Onanefe Ibori whilst the Governor of Delta State whilst being paid by the Delta State Government. Contrary to common law.
= Count 2: Between 1 May 1999 and 24 March 2003 they conspired together and with James Onanefe Ibori, Udoamaka Onuigbo (also known as Okoronkwo) and others to enter into or were otherwise concerned in an arrangement whereby the proceeds of the criminal conduct of James Onanafe Ibori were used: (i) to secure that funds were placed at the disposal of James Onanefe Ibori; or (ii) for the benefit of James Onanefe Ibori to acquire property by way of investment, they knowing or suspecting that James Onanefe Ibori was or had been engaged in criminal conduct or had benefited from criminal conduct. Contrary to section 93A of the Criminal Justice Act 1988.
= Count 3: Between 23 March 2003 and 30 May 2007 conspired together and with James Onanefe Ibori, Udoamaka Onuigbo (also known as Okoronkwo) and others to conceal, disguise, convert, transfer, or remove criminal property, knowing or suspecting that the property constituted a person's benefit from criminal conduct, or it represented such a benefit in whole or in part and whether directly or indirectly. Contrary to section 327 of the Proceeds of Crime Act 2002.
Christine Omatie Ibori-Ibie also faces the following charges:
= Count 4: On or about 2 of Nov. 2001 dishonestly obtained for herself or another a money transfer from GMAC -RFC Limited in the sum of £356,250.00 being a loan by way of mortgage in respect of the property known as 76 Woodhill Crescent, Kenton, Harrow, Middlesex HA3 0LZ by deception, namely by making false representations, among others, that
(i) her income was £130,238.00; (ii) her business was C Ibie International and was an export and import agent; (iii) the business had been established since 1996 (iv) she had been self employed in it for 5 years as the owner. Contrary to section 15A of the Theft Act 1968.
= Count 5: On or about 20 April 2006 she dishonestly obtained for herself of another a money transfer from Abbey National PLC in the sum of £374,000.00 being a loan by way of mortgage in respect of the property known as 76 Woodhill Crescent, Kenton, Harrow, Middlesex HA3 0LZ by deception, namely by making false representations, among others, that: (i) she was a self employed interior decorator working form her home address; (ii) her net profit/income for the year to 5th April 2005 was £89,820.00; (iii) her net profit/income for the year to 5th April 2004 was £85,448.00; (iv) her net profit /income for the year to 5th April 2003 was £79,105.00 Contrary to section 15A of the Theft Act 1968.
= Count 6: On or about 3 July 2001 she dishonestly obtained for herself or another a money transfer from GE Money Home Lending Limited (part of I Group Limited) in the sum of £50,500.00 being a loan by way of mortgage in respect of the property known as 139 Kingfisher Way, London NW10, by deception, namely by making false representations, among others, that (i) she operated a wholesale childrens' wear business under the name of Mareli from 78 Victoria Road, London NW6 6QA; (ii) she had been self employed for six years; (iii) her income was £200,000.00 before tax. Contrary to section 15A of the Theft Act 1968.
= Count 7: On or about 23 December 2003 she attempted dishonestly to obtain for herself or another a money transfer from the Kensington Mortgage Company Limited in the sum of £157,895.00 being a loan by way of mortgage in respect of the property known as Flat 47, Geneva Court, Rookery Way, Colindale, London NW9 6GA, be deception, namely by making false representations , among others, that: (i) her business was in Oil and Gas services - management and maintenance; (ii) the business was Winburg Oil and Gas and its address was 78 Victoria Road, Kilburn, London NW6 6QA. (iii) the business had been trading for 5 years and her shareholding was 100 per cent; (iv) her share of the net profits for the year 2002 to 2003 was £112,000.00 (v) her share of the net profits for the year 2001 to 2002 was £110,000.00; (vi) her share of the net profits for the year 2000 to 2001 was £105,000.00. Contrary to section 1(1) of the Criminal Attempts Act 1981.
= Count 8: On or about 27 August 2004 she dishonestly obtained for herself or another a money transfer from the Kensington Mortgages Limited in the sum of £137,245.00 being a loan by way of mortgage in respect of the property known as 58 Uphill Drive, London NW9 0BX by deception , by making false representations, among others, that (i) her business was in Oil and Gas services - management and maintenance; (ii) the business was Winburg Oil and Gas and its address was 78 Victoria Road, Kilburn, London NW6 6QA; (iii) the business had been trading for 5 years and her shareholding was 100 per cent; (iv) her share of the net profits for the year 2002 to 2003 was £112,000.00; (v) her share of the net profits for the year 2001 to 2002 was £110,000; (vi) her share of the net profits for the year 2000 to 2001 was £105,000.00. Contrary to section 15A of the Theft Act 1968 [C] Udoamaka ONUIGBO [a/k/a OKORONKWO] [8/12/64 - 43 ys] of 71 Mayflower Lodge, Regents Park Rd N3, business trader [Nigerian national] charged with = 4 counts of money laundering. (NFPUB 1 count of conspiracy to defraud has been discontinued) The following will appear at trial listed for 21 February 2010 at Southwark Crown Court: [D] Theresa IBORI [39 ys] of Westover Hill, Hampstead, charged with 4 counts of money laundering.
[E] Bhadresh Gohil (5.12.64 - 43 ys) of Leesons Hill, Chislehurst, Kent charged with 4 counts of money laundering: = That he between 1 March 2005 and 1 Feb. 2007 conspired together with James Ibori, Theresa Ibori, Udoamaka Okoronkwo and others to commit an offence of money laundering, contrary to Sect. 327 of the Proceeds of Crime Act 2002, by concealing, disguising, converting, transferring or removing criminal property from England and Wales, knowing or suspecting that the said criminal property constituted another's benefit from criminal property, or represented such a benefit, in whole or in part and whether directly or indirectly.
Contrary to section 1(1) of the Criminal Law Act 1977.
= That he between 1 March 2005 and 1 Feb. 2007 entered into or became concerned in an arrangement which he knew or suspected facilitated the acquisition retention use or control of criminal property by or on behalf of another, he knowing or suspecting that the said criminal property constituted another's benefit from criminal conduct, or represented such a benefit, in whole or in part, and whether directly or indirectly.
Contrary to Section 328 of the Proceeds of Crime Act 2002.
= That he between 1 March 2005 and 24 Sep. 2008 conspired together with James Ibori, Theresa Ibori, Udoamaka Okoronkwo. and others to commit a money laundering offence contrary to section 327 of the Proceeds of Crime Act 2002, by concealing, disguising, converting, transferring, or removing criminal property from England and Wales, knowing or suspecting that the said criminal property constituted another's benefit from criminal conduct, or represented such a benefit. in whole or in part and whether directly or indirectly.
Contrary to Section 1(1) of the Criminal Law Act 1977.
= That he between 1 March 2005 and 24 Sep. 2008 entered into or became concerned in an arrangement which he knew or suspected facilitated the acquisition, retention, use or control of criminal property by or on behalf of another, he knowing or suspecting that the said criminal property constituted another's benefit from criminal conduct, or represented such a benefit in whole or in part and whether directly or indirectly.
Contrary to Section 328 of the Proceeds of Crime Act 2002.
[C] Udoamaka ONUIGBO [a/k/a OKORONKWO] [8/12/64 - 43 ys] of 71 Mayflower Lodge, Regents Park Rd N3, business trader [Nigerian national] charged = 2 counts of money laundering. Further charges were brought on 9 September 2009 against:
[E] Bhadresh Gohil (5.12.64 - 43 ys) of Leesons Hill, Chislehurst, Kent [G] Daniel McCann (10.7.42 - 67 ys) of Valley House, le Vau Bourel, St Mary, Jersey [H] Lambertus De Boer (13.7.46 - 63 ys, male) of Cray House, 47 Penfold Street, London NW8 for: - Conspiracy to defraud contrary to common law - Conspiracy to make false instruments contrary to section 1(1A) of the Criminal Law Act 1977 -Money laundering contrary to section 328 of the Proceeds of Crime Act 2002 -Money laundering contrary to section 328 of the Proceeds of Crime Act 2002 -Money laundering contrary to section 327 of the Proceeds of Crime Act 2002 In relation to the sale of V Mobile telecoms shares by two Nigerian States viz. Akwa Ibom State and Delta State, whereby circa USD $37.8 million was stolen. They have been bailed to appear at City of Westminster Magistrates Court on 10 September 2009. [F] On 9 April 2008 a man [now 50 yrs] was arrested in connection with another strand of the wider police investigation. He returned on bail on 24 June 2009 and was re-bailed pending further enquiries to 24.9.09. Source : http://www.saharareporters.com/index.php?option=com_content&view=article&id=3667:as-ibori-hides-in-nigeria-wife-and-co-conspirators-for-trial-in-london-28-september-charge-sheet-details-horrendous-fraud-schemes&catid=1:latest-news&Itemid=18 |
Mr ''FIX IT'' at work again. When will this ever end.There goes the rule of law. By Bassey Udo September 10, 2009 06:43AMT
The Investments and Securities Tribunal, yesterday gave a clean bill of health to Nova Finance & Securities Limited and Eugene Anenih, its Managing Director, over recent allegations of manipulation of the share price of African Petroleum (AP) Plc at the stock market.
No share manipulation
In the judgment read by by Wilfred Ikatari, on behalf of its Chairman, Nnenna Orji, the securities tribunal declared: "There was no manipulation of AP Plc's share price by Nova and Anenih," and granted all the reliefs, setting aside and vacating the sanctions, which the Securities and Exchange Commission had placed on the accused.
The judgment also read in part: "The regulator(Securities Commission) neither held any criminal trial nor meted out criminal sanctions on Nova and Anenih, adding that they were not given fair hearing, as no adequate notice and opportunity was given for them to defend themselves before serious sanctions were imposed on them."
AP keeps mum for fear of sanction
Tunde Falasinu, the Chief Operating Officer of AP refused to react to the tribunal's judgment, saying: "I do not have any reaction or response. I am not aware of the judgment. I was not even aware that there was any case in court. If there will be any response, it should come from SEC. When AP management reported the manipulation of the company shares, the same SEC said we went to the press with the information, and the company was asked to pay a fine. So, I do not want to be asked to pay another fine. Let SEC react," he told NEXT yesterday on the telephone.
The AP shares manipulation saga brought to the fore the disintegrating relationship between former bossom friends, A.P majority shareholder, Femi Otedola and business mogul Aliko Dangote. Mr Otedola accused Mr. Dangote of being behind the manipulation that led to a dive in the price of AP shares through Nova Securities.The Securities Commission which found Nova Securities guilty of malpractice, however absolved Mr Dangote of any wrong doing.
Both Mr Dangote and Mr Otedola have filed suits against each other in the courts claiming various damages. It is unclear what the status of the suites are, but several newspaper reports have reported that the two were recently reconciled through the mediation efforts of mutual friends.
Commission undecided about reaction
Lanre Oloyi, spokesman for the securities commission, was also not forthcoming on whether it will contest the tribunal's decision.
"SEC is yet to be served with a copy of the judgment. Whenever that is done, management will review along with the guidance of the Commission's legal Counsel before issuing an appropriate response," Mr Oloyi told NEXT on the telephone.
Case against the accused
The Securities and Exchange Commission, the capital market regulator, in April, sanctioned Nova and Mr. Anenih, following allegations by the management of AP that they manipulated the company's share price through continuous cross deals involving 50,000 units of Aliko Dangote shares between February 11, 2009 and March 20, thereby resulting in the fall in the value of the equity.
SEC findings
The Commission at the end of its investigations on April 3, alleged that "Nova Finance and its Managing Director employed manipulative and deceptive devices and contrivances in its transactions on AP Plc shares between February 11 and March 20, 2009, contrary to rule 110(1) (d) of the Rules and Regulations of the Commission." It further said, "Nova Finance and its Managing Director manipulated the market by engaging in transactions, which had the effects of lowering the price of AP shares on the Nigerian Stock Exchange, contrary to Section 106 of the ISA 2007."
Sanctions against Nova Securities
Consequently, the commission slammed a one-year suspension on Nova Securities from all capital market activities, with effect from April 16, 2009, in addition to a fine of N190,000.
Mr.Anenih, the company's chief executive was also sanctioned and disqualified from being employed in any arm of the securities industry for five years, until April 16, 2014. He was also asked to pay a fine of N190,000 (N5,000 per day for 38 days), apart from being referred to the Economic and Financial Crimes Commission (EFCC), for further interrogation and possible prosecution for violating Rule 177 and the code of conduct for market operators.
Appeal
Nova and Anenih, in May, filed an appeal before the Securities Tribunal, demanding not only a declaration that the commission's actions were a violation of their right to fair hearing as guaranteed under Section 36 of the Nigerian Constitution, but also an order setting aside the decisions by the regulatory body. |