The ex-Managing Director of the Nigeria National Petroleum Commission (NNPC), the Nigeria national oil regulatory body in Nigeria, Mr. Andrew Yakubu was sued by the Economic and Financial Crimes Commission (NNPC) at the Federal High Court, Abuja Judicial Division, holden at Abuja.
The Economic and Financial Crimes Commission (EFCC) instituted an action by filing the court processes against Mr. Andrew Yakub, the ex-Managing Director of the NNPC with six-count charges bordering on fraud, corruption and false declaration of assets.
The court processes, the Motion on Notice with the charge sheet was endorsed and filed on Friday 9th March, 2017 in the Federal High, Abuja Judicial Division, Abuja.
On the surface of the motion on notice, Mr. Andrew Yakubu was alleged of failing to make full disclosure in his Assets Declaration Form of the sums of $9,772 800 and £74,000 contrary to Section 27 (3)(a) of the Economic and Financial Crime Commission (EFCC) Act 2004 and Section 7 (4) of the Advance Fee Fraud and Other Related Offences Act 2006.
Section 27 (3) (a) of EFCC Act states as follows:
Forfeiture of Assets of Persons Arrested for Offences Under This Act
- Disclosure of Assets and properties by an arrested person,
(1) Where a person is arrested for committing an offence under this Act. Such person shall make a full disclosure of all his assets and properties by completing the Declaration of Assets Form as specified in Form A of the Schedule to this Act.
(2) The Declaration of Assets Form shall be forwarded to the Commission for full investigation by the General an Assets Investigation Unit of the Commission.
(3) Any person who-
(a) knowingly fails to make fun disclosure onus assets and liabilities ;-or
(b)knowingly makes a declaration that is false; or
(c) fails, neglects or refuses to make a declaration or furnishes any information required, in the Declaration of Assets Form, commits an offence under this Act and is liable on conviction to imprisonment for a term not exceeding five years
Mr. Andrew Yakubu, the ex-Managing Director of NNPC was charged with receiving a sums of $9,772 800 and £74,000 a cash payment without going through a financial institution thereby committing an offence under the Money Laundering Prohibition Act 2011.
Mr. Andrew Yakubu, the ex-Managing Director of NNPC was further charged with a count bordering on receiving the sums of $9,772 800 and £74,000 when he fully knew that the said fund formed part of proceed of unlawful activity.
According to motion on notice, the charge sheet, run counter to Section 7 (4) of the Advance Fee Fraud and Other Related Offences Act 2006.
Section 7 (4):
A person who transports or attempts to transport a monetary instrument or funds from a place in Nigeria to or through a place outside Nigeria or to a place in Nigeria from or through a place outside Nigeria –
- with the intent to promote the carrying on of specified
unlawful activity; or
- where the monetary instrument or funds involved in the
transportation represent the proceeds of some form of unlawful activity and the transportation is designed in whole or in part –
(i) to conceal or disguise the nature, the location, the
source, the ownership, or the control of the proceeds of a specified unlawful activity; or
(ii) to avoid a lawful transaction under Nigerian law,
commits an offence under this Act, if he knows or ought to know, having regard to the circumstances of the case, that the monetary instrument or funds involved in the transportation are the proceeds of some form of unlawful activity and the intent of the transaction
The Affidavit in support of the motion also elaborates the facts surrounding the 6 count charges against the ex-Managing Director of the NNPC states as follows that sometimes in the month of February, 2017, the Economic and Financial Crime Commission (EFCC), the investigative department stormed into a building purportedly belonging to Mr. Andrew Yakubu, the ex-Managing Director of NNPC and found the sum of about $9.8m and £74,000 stashed in a huge fireproof safe in a bungalow in Sabon Tasha a slum of suburb of Kaduna State, Nigeria.
He was arrested by the Economic and Financial Crime Commission (EFCC) and upon corroborated evidence, Mr. Andrew Yakubu, ex-Managing Director of NNPC admitted being the owner of the money but claimed that it was a gift
Economic and Financial Crime Commission (EFCC) got a court ex-parte injunction order from a competent court ordering the forfeiture of the money found to the federal government of Nigeria.