EFCC v Govs Forum: Court forfeits N1.4bn Paris Club refund in 2 banks

Peter Fowoyo

A Federal High Court, Ikoyi, Lagos on Friday, ordered that the total sum of N1.442,384,857.84 billion, which formed part of unrefunded Paris and London Club Loans, domiciled at Access Bank Plc and Guaranty Trust Bank (GTBank), be temporary forfeited to the Federal Government.

Joined as respondents in the suit are: Melrose General Services Limited: WASP Networks Limited: and Thebe Wellness Services.

The Economic and Financial Crimes Commission (EFCC) had filed an ex-parte application marked FHC/L/CS/158/2017 and argued by its lawyer, E. E. Iheanacho, where Justice Cecelia Mojisola Olatoregun made the order yesterday.

Apart from the order of temporary forfeiture of the above-stated amount, the court also ordered the EFCC to notify whoever is interested in the said money to appear before the court and show cause why the money should not be finally forfeited.

The court also directed the EFCC to publish the temporary forfeiture order in a National newspaper for the respondents or anyone who is interested in the money to appear before the court and show cause within 14 days why final forfeiture order will not be made.

The EFCC in an affidavit deposed to by one of its investigators, Usman Zakari, stated that on May 26, 2016, the 36 states governors through the Nigerian Governor Forum (NGF) engaged the services of consortium of consultants made up of GSCL consulting and Bizplus Consulting Services Limited tagged ‘GSCL Bizplus Consortium’, for the purpose of verification, reconciliation, and recovery of over-deductions on Paris and London Club Loans on the account of states and local government between 1995 to 2002.

The deponent stated that the Consortium carried out the said assignment of verification, reconciliation and recovery of the said Paris and London Club loans on the states and local government between 1995 and 2002, and came up with a total sum of $6. 483, 282, 424. 61 billion USD, as due for refund to the states.

He stated that the report of the Consortium dated 31, August, 2016, showing a break down of the debt profile state by state, and over-deductions was addressed to the Honourable Minister of Finance. And that the report was submitted to the NGF.

He stated further that following the report, the President of the Federal Republic of Nigeria, approved an initial payment of the sum of $1.730,930.53, for the benefit of the various states.

He also stated that in line with the request of the state governors, the Ministry of Finance through the Central Bank of Nigeria (CBN), paid the sum of $86,546,526.65 million USD, and N19,439,225,871.11 billion, (representing five percent of the approved initial Paris and London Club refund) respectfully into the GTBank Plc and Access Bank Plc accounts of NGF purportedly to defray consultancy and incidental expenses.

He said that the said sum of N19, 439, 225, 871.11 billion, was paid into the Access Bank Plc account of NGF on December 8, 2016. And on December 14, 2016, the NGF paid the sum of N4. 389, 207, 099 .05 billion to the Consortium as part of agreed consultancy fee.

He also stated that the first respondent, Melrose General Services Limited, whose alter ego is one Robert Mbonu, was never engaged by the NGF to carry out any consultancy services in relation to the said Paris and London Club refund. Adding that in order to obtain public fund, the first respondent recopied and misinterpreted the work of Consortium to the NGF for payment as if it was first respondent’s work.

Based on the act of Mbonu, he stated, that the first respondent was paid the sum of N3.5 billion by the NGF on December 14, 2016, while no consultancy job was executed by the first respondent on behalf of the NGF.

He also stated that the first respondent account with Access Bank Plc, which was negative when the sum of N3.5 billion was credited into it. But between December 15, 2016 and January 20, 2017, the first respondent moved out about N2.277,615,142 billion, in order to launder the money leaving a balance of N1.222,384,857.84 billion before the intervention of his Agency.

He also stated the sum of N220 million was voluntarily returned by the first and second respondents, whose representatives also made extra judicial statements.

He therefore stated that interim order of the court is necessary to forfeit to the Federal government of Nigeria the sum of N1. 222, 384, 857. 84 billion in Access Bank Plc account of the first respondent and the sum of N220 million recovered from both second and third respondents.