The Federal High Court sitting in Abuja has ordered the temporary freezing of four Jaiz Bank accounts linked to the immediate past Group Managing Director (GMD) of the Nigerian National Petroleum Company Limited (NNPCL), Mr. Mele Kyari, over alleged fraud.
The trial judge, Justice Emeka Nwite, made the order on Tuesday after counsel to the Economic and Financial Crimes Commission (EFCC), Ogechi Ujam, moved an ex-parte motion to that effect. Ujam told the court that investigations were ongoing and that the Commission would need some time to conclude its findings.
The judge, in his ruling, held that the application was meritorious and accordingly granted it, saying: “I have listened to counsel to the applicant and gone through the affidavit evidence with the exhibits and written address attached. I found that this application is meritorious and it is hereby granted as prayed,” and adjourned the matter till September 23 for report.
The EFCC, in the motion ex-parte marked FHC/ABJ/CS/1641 and filed on August 11, sought an order freezing the bank accounts stated in the schedule on the grounds that the accounts are owned by the suspect (Kyari), “who is currently being investigated in a case involving the offences of conspiracy, abuse of office, and money laundering pending the conclusion of the investigation.”
The accounts include:
The anti-graft agency argued that the bank accounts in respect of which the reliefs are sought are subject matters of investigation by the Commission in relation to misappropriation of funds and criminal breach of trust.
It also said the preliminary investigation conducted thus far revealed that the bank accounts are linked to the suspect, who allegedly took advantage of the complainant to act as a contract facilitator and launder proceeds of unlawful activities.
“There is a need to preserve the funds in the identified bank accounts pending the conclusion of investigation and possible prosecution,” it added.
In the affidavit attached to the motion, Amin Abdullahi, an EFCC investigator attached to the Special Investigation (SIS) Unit, said the agency received a petition dated April 24 and filed by the Guardian of Democracy and Rule of Law against Kyari.
He said he was a member of the team assigned to investigate the matter and added: “Upon receipt of the petition referred to in Paragraph 4 above, my team carried out several investigation activities, which included seeking and obtaining bank records from commercial banks.”
Abdullahi said the investigation so far carried out revealed: “That N661,464,601.50, which are suspected to be proceeds of unlawful activities, was warehoused in four different accounts. That these funds were traced to the suspect, Mele Kolo Kyari, who is the former Group Managing Director (GMD) of the Nigerian National Petroleum Corporation (NNPC). That the suspect opened various accounts in Jaiz Bank, which have been used to receive suspicious inflows from NNPC and various oil companies that have dealings with NNPC.
“That bank records revealed that these accounts are controlled and managed by Mr. Kyari through his family members, who are acting as fronts. Further investigation revealed that the said transactions in the various accounts were disguised as payments for a purported book launch and activities of a non-governmental organisation (NGO).
“That the Commission has written to Jaiz Bank, where the accounts referred to are domiciled, for the hard copies of the comprehensive account details. While responses of the bank are being awaited, the Commission has requested a no-debit instruction on the accounts, which will last for 72 hours.
“That I was informed by M.A. Babatunde Esq., learned counsel to the applicant, during an official briefing at EFCC Headquarters, and I verily believe him that an order of this honourable court is necessary to freeze the said accounts clearly described in Schedule 1 to the motion paper while the investigation is ongoing.
“That it is in the interest of justice to grant this application,” the EFCC averred in the affidavit.
