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Friday 29 November 2013

How ex-bank manager stole N1.9bn pension funds in 3 months, EFCC tells court


From GODWIN TSA, Abuja
The Economic and Financial Crimes Commission (EFCC) yesterday told a Federal High Court sitting in Abuja  how a former manager of the defunct Oceanic Bank, Udusegbe Omoefe Eric, allegedly connived with a principal staff of Pension Accounts in the Office of the Head of Service of the Federation (HSF) to steal N1.9 billion pensions within three months.
The EFCC told the court when it opened its case against the detained former Director (Pension Accounts) in the Office of the Head of Service of the Federation, Dr. Teidi Shuaibu and 10 others. Mr Mustapha Sanni Gadaniya, the Principal Detective Superintendent to the EFCC and Head of its Forensic Accounting Unit, who was led in evidence by counsel to the commission, Chief Godwin Obla (SAN) testified as a witness.
He told Justice Ademola Adeniyi that Omoefe allegedly incorporated five fictitious companies to siphon the monies from the pension funds account.
The witness who demonstrated a high level of intelligence  in his evidence-in-chief reeled out names of committee members, suspects and figures, offhand.
But Omefe, who is a co-accused  in the case,  quickly debunked the allegation of using five ghost companies to steal N1.9 billion pension funds at any time. Although he  admitted making those statements, he said  they were not voluntary and should not be used to prosecute him.
He told the court that he was induced by the EFCC investigators to make the statements in black and white so as to nail Shuaibu.
He said the EFCC also entered into an unwritten pact with him to the effect that he would never be prosecuted but used as a witness to nail other accused persons in the matter.
Omoefe spoke through his counsel, Mr Adegoke Adewale yesterday even as he invited the judge to test the voluntariness of the statement vide trial within trial.
But the EFCC insisted yesterday that the alleged N1.9billion fraud, was uncovered by a committee set up by the EFCC to verify pension payment claims.
He told the court that Omoefe was invited to the EFCC office where he volunteered confessional statements  to the effect.
The alleged five confessional statements were shown to the accused yesterday for identification before they would be admitted in evidence.
Omoefe’s counsel used the opportunity to pray the court that the statements should be rejected.
In the alternative, he wanted the court to conduct trial within trial to ascertain the voluntariness of the alleged confessional statements.
But as the voluntariness of Omoefe’s statement became an issue yesterday, lead counsel to EFCC, Chief Oblah argued that the accused could not challenge the admissibility of the confessional statements tendered.
He said that the new rules of the court required him to object to the admissibility of the documents in writing which he did not do.
He said having slept on his right, he should not complain.
Although Omoefe ran into the difficulty of dissuading the court from ruling against him on the issue of trial within trial, senior counsel in court assisted him to argue that though the rules of the court were meant to be obeyed, but that where strict compliance with such rules would occasion injustice and breach the cardinal principle of fair hearing, they might be sacrificed on the altar of justice of the case.
Justice Adeniyi, in a bench ruling, overruled the prosecution and ordered trial within trial in the matter. He said “since the fundamental rights of the accused to fair hearing will be affected,” it would be proper to hear him out on the issue of voluntariness raised.

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