LAW

EFCC Is Not A Debt Recovery Agency And Was Not Asked To Recover N152million — Operative Tells Court

<p>EFCC Is Not A Debt Recovery Agency<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p><strong>OpenLife Nigeria <&sol;strong>reports that an Operative of the Economic and Financial Crimes Commission&comma;EFCC&comma;  Emmanuel Adide&comma; on Tuesday&comma;  told a Lagos State High Court sitting at Tafawa Balewa Square that the anti graft Agency was not petitioned by the  Nigerian-American born engineer Anthony Ugbebor&comma; to recover the sum of N152million allegedly paid for two luxury flats developed by Oak Homes Limited&period;<&sol;p>&NewLine;<p>Adide told the court under cross-examination that the EFCC is not a debt recovery agency&period;<&sol;p>&NewLine;<p>He gave the clarification while testifying in a suit filed by a Lagos property developer Olukayode Olusanya and his firm&comma; Oak Homes Limited in &lpar;Suit No&colon; LD&sol;4471LM&sol;2023&rpar;&comma; against Ugbebor over alleged trespass on two second-floor apartments located at No&period; 14A Musa Yar’Adua Street&comma; Victoria Island&comma; Lagos&period;<&sol;p>&NewLine;<p>The EFCC witness told the court that when the claimant agreed to refund the money&comma; there was no discussion or understanding that the flats would be sold to facilitate the repayment&period;<&sol;p>&NewLine;<p>Responding to questions on whether the EFCC directed the claimant to refund the money&comma; Adide explained that the discussions formed part of the Commission’s internal processes&period; However&comma; he said it was unclear at the time whether disposal of the flats would be required to effect the refund&comma; adding that compelling the sale of property in such circumstances would amount to improper practice&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>He further explained that once allegations of fraud arise&comma; the EFCC’s standard procedure is to investigate the complaint and&comma; where appropriate&comma; recover funds connected to criminal conduct as part of its operational mandate&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>Adide told the court that the petition submitted to the EFCC by Ugbebor&comma;alleged criminal breach of trust and obtaining money by false pretence&comma; which justified the Commission’s investigation&period; However&comma; he said the investigation later revealed that the dispute was civil in nature&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;As a result&comma; the claimant was contacted and asked to retrieve the bank draft earlier submitted to the EFCC&comma;” he said&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>The witness confirmed that Claimant&comma;Olusanya&comma; the Managing Director of Oak Homes Limited&comma; was detained when he first visited the EFCC office in Abuja&period; He also confirmed that Olusanya never denied that a transaction occurred between him and Ugbebor&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;He did not deny it&comma; my lord&comma;” Adide said&period;<&sol;p>&NewLine;<p>When asked whether the refund arrangement was reached while Olusanya was in detention&comma; the witness said no&comma; adding that Olusanya was already on bail when he made the refund&period;<&sol;p>&NewLine;<p>He said the claimant paid the money in instalments but could not recall the number of tranches&period; He confirmed that Olusanya submitted three bank drafts to the EFCC totaling N102 million&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>Earlier in the proceedings&comma; counsel to Ugbebor&comma; I&period;B&period; Mamood&comma; informed the court that the defence had decided not to call any further witnesses&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;Upon careful review of our case&comma; we have resolved not to call additional witnesses&period; We are therefore closing our case&comma;” he said&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>Following this&comma; Adide&comma; listed as the second EFCC witness opened its defence&period; Its counsel M&period;A&period; Shehu&comma; called Adide as a witness and adopted his witness statement on oath&period; The Commission also tendered documents including the petition&comma; extra-judicial statements&comma; and a letter&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>The presiding Judge Akingbola George admitted the documents in evidence and marked them as Exhibits 2DW1&comma; 2DW2&comma; and 2DW3 respectively&period; The court also admitted Adide’s witness statement on oath dated January 17&comma; 2024&comma; as his evidence&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>During cross-examination by lead counsel to the first defendant&comma; Nasiru Salau&comma; Adide confirmed that there was no written request from Ugbebor asking the EFCC to recover the money&period;<&sol;p>&NewLine;<p>Thereafter&comma; Justice  George adjourned the case till March 23&comma; 2026&comma; for the adoption of final written addresses by the two parties&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>At the previous sitting&comma; <a href&equals;"https&colon;&sol;&sol;www&period;vanguardngr&period;com&sol;">Ugbebor<&sol;a> had opened his defence and told the court that he paid for two luxury flats with his &OpenCurlyDoubleQuote;life savings” totaling &dollar;400&comma;000&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>He said he paid N152m &lpar;representing 80 percent of the total purchase price of N190 m&rpar; but that the developer later denied having any record of the transaction&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>He testified that on October 11&comma; 2022&comma; he sent a representative to inspect the flats&comma; only for Oak Homes Limited to allegedly claim there was &OpenCurlyDoubleQuote;no record” of his purchase despite the payments&period;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>Under cross-examination by counsel  Ugbebor confirmed that he petitioned the EFCC in Abuja after suspecting fraud&period;<&sol;p>&NewLine;

Openlife Reporter

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