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

EFCC Is Not A Debt Recovery Agency

 

 

OpenLife Nigeria reports that an Operative of the Economic and Financial Crimes Commission,EFCC,  Emmanuel Adide, on Tuesday,  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, to recover the sum of N152million allegedly paid for two luxury flats developed by Oak Homes Limited.

Adide told the court under cross-examination that the EFCC is not a debt recovery agency.

He gave the clarification while testifying in a suit filed by a Lagos property developer Olukayode Olusanya and his firm, Oak Homes Limited in (Suit No: LD/4471LM/2023), against Ugbebor over alleged trespass on two second-floor apartments located at No. 14A Musa Yar’Adua Street, Victoria Island, Lagos.

The EFCC witness told the court that when the claimant agreed to refund the money, there was no discussion or understanding that the flats would be sold to facilitate the repayment.

Responding to questions on whether the EFCC directed the claimant to refund the money, Adide explained that the discussions formed part of the Commission’s internal processes. However, he said it was unclear at the time whether disposal of the flats would be required to effect the refund, adding that compelling the sale of property in such circumstances would amount to improper practice.

 

He further explained that once allegations of fraud arise, the EFCC’s standard procedure is to investigate the complaint and, where appropriate, recover funds connected to criminal conduct as part of its operational mandate.

 

Adide told the court that the petition submitted to the EFCC by Ugbebor,alleged criminal breach of trust and obtaining money by false pretence, which justified the Commission’s investigation. However, he said the investigation later revealed that the dispute was civil in nature.

 

“As a result, the claimant was contacted and asked to retrieve the bank draft earlier submitted to the EFCC,” he said.

 

The witness confirmed that Claimant,Olusanya, the Managing Director of Oak Homes Limited, was detained when he first visited the EFCC office in Abuja. He also confirmed that Olusanya never denied that a transaction occurred between him and Ugbebor.

 

“He did not deny it, my lord,” Adide said.

When asked whether the refund arrangement was reached while Olusanya was in detention, the witness said no, adding that Olusanya was already on bail when he made the refund.

He said the claimant paid the money in instalments but could not recall the number of tranches. He confirmed that Olusanya submitted three bank drafts to the EFCC totaling N102 million.

 

Earlier in the proceedings, counsel to Ugbebor, I.B. Mamood, informed the court that the defence had decided not to call any further witnesses.

 

“Upon careful review of our case, we have resolved not to call additional witnesses. We are therefore closing our case,” he said.

 

Following this, Adide, listed as the second EFCC witness opened its defence. Its counsel M.A. Shehu, called Adide as a witness and adopted his witness statement on oath. The Commission also tendered documents including the petition, extra-judicial statements, and a letter.

 

The presiding Judge Akingbola George admitted the documents in evidence and marked them as Exhibits 2DW1, 2DW2, and 2DW3 respectively. The court also admitted Adide’s witness statement on oath dated January 17, 2024, as his evidence.

 

During cross-examination by lead counsel to the first defendant, Nasiru Salau, Adide confirmed that there was no written request from Ugbebor asking the EFCC to recover the money.

Thereafter, Justice  George adjourned the case till March 23, 2026, for the adoption of final written addresses by the two parties.

 

At the previous sitting, Ugbebor had opened his defence and told the court that he paid for two luxury flats with his “life savings” totaling $400,000.

 

He said he paid N152m (representing 80 percent of the total purchase price of N190 m) but that the developer later denied having any record of the transaction.

 

He testified that on October 11, 2022, he sent a representative to inspect the flats, only for Oak Homes Limited to allegedly claim there was “no record” of his purchase despite the payments.

 

Under cross-examination by counsel  Ugbebor confirmed that he petitioned the EFCC in Abuja after suspecting fraud.