One Tafida Williams wrote to Nelson SAKAGUCHI in Brazil sometime in march 1995 claiming to be a senior staff of the Federal Government of Nigeria in the Ministry of Aviation saying in effect that a sum of 39 Million USD was to be remitted out of Nigeria as part of fulfilment of the contract for Abuja International Airport. The said fraudster agreed to pay 40% of the sum to Nelson Sakaguchi of Banco Noroeste S. A of Sao Paulo, Brazil. Mr. Sakaguchi agreed and the meeting was arranged with the so called officers of the Federal Government of Nigeria in London where contract documents were purportedly signed by the Federal Republic of Nigeria with Banco Noroeste S. A of Sao Paulo, Brazil and its subsidiary company, Stanton Development Corporation. The contract was for the construction of the Abuja International Airport and the contract document bore the logo and the name of the Federal Government of Nigeria. The convicts made various request from the victim as payment for taxes for the Federal government of Nigeria and in the process obtained over 190 Million USD from the victim as they continually increased the contract sum to be remitted to Brazil and in return demanding for additional payment of taxes. Mr. Nelson Sakaguchi is an employee of Banco Noroeste S. A who transferred the above referred funds through Swift Transfer from the Bank’s Cayman Island Branch to various persons as instructed by the convicts. Many of the said transfers were purportedly made by the order of a British Virgin Airline’s company called Stanton Development Corporation. The convicts, after the receipt of the various funds remitted to them through Swift suddenly changed their lifestyle, acquired interest in Nigerian Banks and other companies and also acquired a lot of properties from the proceed of the crime. They were arraigned before the High Court of Lagos State on 23rd July, 2004 for conspiracy, obtaining money by false pretence, laundering of funds, forgery and uttering of forged documents. After the prosecution had called six witnesses and while Nelson Sakaguchi was testifying, all the Accused Persons changed their plea and they were all convicted, sentenced and the properties they illegally acquired were forfeited to the victims.
Estados Unidos de AméricaNigeria
Brasil
Reino Unido de Gran Bretaña e Irlanda del Norte
Suiza
Chinaseveral exotic vehicles, documents of several estates and other investments
The principal suspects were arrested at various times between May and July 2003 after intensive covert surveillance and actionable intelligence provided by confidential informants. They are 1. Emmanuel Nwude (a.k.a. Tossman, Paul Ogwuma, Odinigwe). 2. Amaka Anajemba (a.k.a. Mrs. Rasheed Gomwalk, Rosy Ford, Olisa Agbakoba) and 3. Nzeribe Okoli (a.k.a. Plc Dankwa).
Detailed searches were conducted at their various premises in the course of which several exotic vehicles, documents of several estates and other investments were recovered.
Analyses of the call logs of known associates of the suspects gave good leads to their hideout locations.
All counterfeit documents given to the victim, purportedly originating from the Central Bank of Nigeria and the Federal Ministry of Aviation, between 1995 and 1998 in furtherance of the scam were authenticated and found to be forged.
All corporate and personal accounts of the suspects in Nigeria with shares and other investments were frozen. Their properties were also seized. All were later disposed of after the judgment to pay the fines imposed and settle the $120 million restitution to Banco Noroeste S.A. of Brazil.
Nigeria’s Central Bank conducted a thorough forensic examination of the local Bank accounts used to launder the proceeds of the crime. The banks paid huge fines in lieu of prosecution and agreement to testify against the suspects in Court.
Covert video recording of Barrister Emmanuel Ofulue, lawyer to Nwude, was made on 16th May 2003 when he admitted the guilt of his client in a discussion with the Commission’s Executive Chairman with a brief case video recorder. He gave a bribe of £21, 000 cash which was recorded on video tape. A separate case of corrupt offer to a public officer contrary to section 9 (1) (a) of the Corrupt Practices and Other Related Offences Act 2000 was later filed against him and his client at the Lagos State High Court by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Estados Unidos de AméricaBrasilNigeriaReino Unido de Gran Bretaña e Irlanda del NorteRelevant legal authorities, as well as private solicitors and consultants in the United Kingdom, Switzerland, Brazil and the United States assisted the commission in its investigation. They facilitated the statement taking and interview of several key witnesses. Nelson Sakaguchi (the main victim) and one Naresh Asnani (whose bank accounts in Nigeria, Switzerland, Hong Kong and UK were used by the suspects) later travelled to Lagos Nigeria to testify at the State High Court in February 2005 as our principal witnesses.
Extensive persuasion and reassurance by the Commission convinced the witnesses to travel to Nigeria to give evidence. This is in spite of the negative international media innuendo about the reputation of Nigeria. Elaborate security measures were however taken to secure their physical protection. Regular anti-explosive sweeps were done at the Court by the Nigeria Police Explosive Ordnance Devices Section to prevent any attack. Sniffer dogs were equally deployed to the Courts to detect any explosive or illegal firearms.
The Nigeria Police Mobile Force provided additional security at the hotels used by the witnesses, while bullet proof vehicles were procured to convey them throughout their sojourn in Nigeria.
Nigeria’s ICPC investigated and prosecuted Emmanuel Nwude and Amaka Anajemba along with their lawyers Emmanuel Ofulue and Obum Osakwe separately for offering bribes of £21, 000, $70, 000 and N30.5 million
A Commission Rogatory MLAT to competent Judicial Authority in Switzerland was written by Nigeria’s Federal Director of Public Prosecution to enable EFCC Investigators, prosecutor and an Interpol Officer from the Lagos National Central Bureau interview the key witnesses who were facing criminal charges in Switzerland.
The Consular sections of notable foreign Embassies in Nigeria were provided with relevant information on the case. The visas of the suspects were subsequently revoked.
We also relied on the tremendous assistance of other foreign private investigators, judicial authorities and law enforcement to obtain information, trace and seize the assets and bank accounts of Nwude and Anajemba in the United States, United Kingdom & Switzerland. The suspects had also used company shell accounts in Honk Kong, Australia and New Zealand to obfuscate their identities, source and ultimate destination of the laundered monies.
High Court of Lagos State
Due to the limited powers of the EFCC and the Federal Government of Nigeria to initiate criminal proceedings against individuals for state offences arising from the constitutional restriction, the Accused, Mr. Emmanuel Nwude and others were first charged and arraigned before the High Court of Federal Capital Territory, Abuja on 6th February, 2004. The Accused applications for bail were refused and their appeal to Court of Appeal, Abuja on the issue of bail was also dismissed. However, after the issue of bail was concluded, the Accused Persons challenged the jurisdiction of the Abuja High Court which Court declined jurisdiction and held that the offences were committed in Lagos and Enugu, both in Nigeria, and other countries outside Nigeria.
The prosecution quickly proceeded to Lagos and sought the permission (fiat) of the Attorney General of Lagos State to initiate criminal proceedings against the Accused under the Lagos State Government Law, which application was graciously granted and a criminal prosecution by way of information was initiated in Charge No: ID/92C/2004 between Federal Republic of Nigeria .v. Emmanuel Nwude & 6 Ors. The trial Court also refused the Accused Persons bail pending trial and that Court granted accelerated hearing of the case instead. All preliminary applications to dismiss the case inlimine were all dismissed by the trial Court and the prosecution opened its case. Within few months, the prosecution had called six. On 15th July, 2005, Amaka Martina Anajemba who was the 2nd Accused Person, with her company, Fynbaz Nig. Ltd. threw in the towel and changed their plea and agreed to surrender almost all the assets they illegally acquired through the proceed of the crime they were being tried for. The High Court by its Judgment dated 15th July, 2005, the 2nd and 4th Accused Persons were accordingly found guilty, convicted, sentenced and an order of forfeiture of assets were made against the assets of the two Accused Persons.
The trial then proceeded with the presence of Mr. Nelson sakaguchi and the other Accused Persons on 18th November, 2005 similarly changed their plea and they were accordingly convicted, sentenced and all their properties which they surrendered were forfeited to the victim of the crime.
forfeit the sum of USD110Million to the victims of the fraud as named in the charge as restitution;
pursuant to the restitution order, forfeit all the properties consisting of landed properties, stocks and vehicles in schedule 1 dated 18th November, 2005 to the victim of the fraud named in the charge.
Federal Court of Appeal, Lagos Division
properties consisting of landed properties, stocks and vehicles in schedule 1 dated 18th November, 2005; N1Million and in addition thereto, the property listed in schedule A and B in the 5th Additional proof of evidence dated 12th July, 2005 being proceed of fraud shall be forfeited to the victim of the said fraud named in the charge as restitution.
The accused was convicted 4 times for charge (2) and 2 times for charge (3).
COUNT 1: Emmanuel Nwude (M) (a.k.a Tossman, Paul Ogwuma Odinigwe), Nzeribe Edeh Okoli (M), Emrus Auto Nig. Ltd, Ocean Oil Marketing Co. (Nig.) Ltd, African Shelter Bureau De Change Ltd and Christian Anajemba (a.k.a Y. Rasheed now deceased) between the 2nd of April, 1995 and 20th of January, 1998 at Opebi in Ikeja Judicial Division conspired together to commit an offence to wit: obtaining money by false pretence from one Nelson Sakaguchi of Banco Noroeste S. A. Of Sao Paulo, Brazil and Stanton Development Corporation which money belonged to the said Banco Noroeste S. A. And Stanton Development Corporation.
COUNT 2: Emmanuel Nwude (M) (a.k.a Tossman, Paul Ogwuma Odinigwe), Emrus Auto Nig. Ltd and African Shelter Bureau De Change Ltd between the 2nd of April, 1995 and 20th of January, 1998 at Opebi in Ikeja Judicial Division by false pretence and with intent to defraud obtained the sum of $110, 000, 000 from Nelson Sakaguchi of Banco Noroeste S. A. Sao Paulo, Brazil and Stanton Development Corporation the property of the said Banco Noroeste S. A. and Stanton Development Corporation the property of the said Banco Noroeste S. A. and Stanton Development Corporation purporting same to represent payment due to the Federal Government of Nigeria on the alleged contract No: FMA/132/019/82 for the construction of Abuja International Airport, Nigeria.
COUNT 3: Emmanuel Nwude (M) (a.k.a Tossman, Paul Ogwuma Odinigwe) and Emrus Auto Nig. Ltd on or about 16th October, 1996 at Opebi in Ikeja Judicial Division by false pretence and with intent to defraud obtained the sum of $6, 730, 000 from Nelson Sakaguchi of Banco Noroeste S. A. Sao Paulo, Brazil and Stanton Development Corporation the property of the said Banco Noroeste S. A. and Stanton Development Corporation purporting same to represent fluctuation charges due to the Federal Government of Nigeria on the purported contract No: FMA/132/019/82 for the construction of Abuja International Airport.
COUNT 4: Emmanuel Nwude (M) (a.k.a Tossman, Paul Ogwuma Odinigwe) and Emrus Auto Nig. Ltd on or about 20th January, 1998 at Opebi in Ikeja Judicial Division by false pretence and with intent to defraud obtained the sum of $4, 750, 000 from Nelson Sakaguchi of Banco Noroeste S. A. Sao Paulo, Brazil and Stanton Development Corporation the property of the said Banco Noroeste S. A. and Stanton Development Corporation purporting same to represent part payment of Value Added Tax to the Federal Government of Nigeria as a result of contradiction in the document submitted on the purported contract No: FMA/132/019/82 for the construction of Abuja International Airport.
COUNT 5: Emmanuel Nwude (M) (a.k.a Tossman, Paul Ogwuma Odinigwe) and Emrus Auto Nig. Ltd on or about 20th January, 1998 at Opebi in Ikeja Judicial Division, you by false pretence and with intent to defraud obtained the sum of $5, 334, 800 from Nelson Sakaguchi of Banco Noroeste S. A. Sao Paulo, Brazil and Stanton Development Corporation the property of the said Banco Noroeste S. A. and Stanton Development Corporation purporting same to represent mandatory Tax deposit and Value Added Tax of the last phase due to the Federal Government of Nigeria on the purported contract No: FMA/132/019/82 for the construction of Abuja International Airport.
COUNT 13: Emmanuel Nwude (M) (a.k.a Tossman, Paul Ogwuma Odinigwe), Amaka Martina Anajemba (F)(a.k.a Mrs. Rasheed Gonwark; Rossy Ford, Olisa Agbakoba), Nzeribe Edeh Okoli (M)(a.k.a.. Plc Dankwa) Emrus Auto Nig. Ltd., on or about 9th October, 1997 at Opebi in Ikeja Judicial Division by false pretence and with intent to defraud obtained the sum of $4, 345, 000.00 from Nelson Sakaguchi and Stanton Development Corporation, the property of Banco Noroeste S. A. Of Sao Paulo, Brazil purporting same to represent Mandatory Tax Deposit for the second and third phase due to the Federal Government of Nigeria on the purported contract No. FMA/132/019/82 for the construction of Abuja International Airport.
COUNT 14: Emmanuel Nwude (M) (a.k.a Tossman, Paul Ogwuma Odinigwe), Amaka Martina Anajemba (F)(a.k.a Mrs. Rasheed Gonwark; Rossy Ford, Olisa Agbakoba), Nzeribe Edeh Okoli (M)(a.k.a.. Plc Dankwa) Emrus Auto Nig. Ltd., on or about 20th January, 1998 at Opebi in Ikeja Judicial Division by false pretence and with intent to defraud obtained the sum of $4, 750, 000.00 from Nelson Sakaguchi and Stanton Development Corporation, the property of Banco Noroeste S. A. Of Sao Paulo, Brazil purporting same to represent part payment of Value Added Tax due to the Federal Government of Nigeria as a result of contradiction in the document submitted on the purported contract No. FMA/132/019/82 for the construction of Abuja International Airport.
COUNTS 15 – 87 similar to 13 and 14 above........................ALL WITHDRAWN.
COUNT 89: Amaka Martina Anajemba (a.k.a. Mrs. Rasheed Gonwalk; Rossy Ford, Olisa Agbakoba) on or about 6th November, 2003 in Lagos in Ikeja Judicial Division knowingly failed to make full disclosure of your assets and liabilities in the Declaration and Assets Form issued to you by Umar Sanda, CSP attached to the Economic and Financial Crimes Commission.
COUNT 6: Nzeribe Edeh Okoli (M) and Ocean Oil Marketing Co. Nigeria Limited on or about 25th May, 1995 at Opebi in Ikeja Judicial Division by false pretence and with intent to defraud obtained the sum of $750, 000.31 from Nelson Sakaguchi of Banco Noroeste S. A. Sao Paulo, Brazil and Stanton Development Corporation the property of the said Banco Noroeste S. A. and Stanton Development Corporation purporting same to represent fee due to the Federal Government of Nigeria on the purported contract No: FMA/132/019/82 for the construction of Abuja International Airport.
COUNT 7: Nzeribe Edeh Okoli (M) and Ocean Oil Marketing Co. Nigeria Limited on or about 2nd May, 1995 at Opebi in Ikeja Judicial Division by false pretence and with intent to defraud obtained the sum of $93, 500 from Nelson Sakaguchi of Banco Noroeste S. A. Sao Paulo, Brazil and Stanton Development Corporation the property of the said Banco Noroeste S. A. and Stanton Development Corporation purporting same to represent Taxes due to the Federal Government of Nigeria on the alleged contract No: FMA/132/019/82 for the construction of Abuja International Airport.
Lessons learned/good practices:
Swift sharing of open source non-confidential information between international law Enforcement
Concurrent criminal prosecutions in Nigeria, United Kingdom, Brazil and Switzerland attracted and sustained public interest and media attention on the case and ensured that justice was done to the State, the victims and the suspects
Political will and adequacy of resources to support the prosecution of high profile cases
Professional competence and high integrity of the investigators and prosecutors
Hard working and determined Judge
The tactics of the retinue of defence counsels who inundated the Courts with a barrage of frivolous interlocutory injunctions to delay the trial was truncated by the refusal of the Honourable trial Judge to grant the accused persons bail. This assisted in no small measure to conclude the case. Granting bail in very serious cases will ultimately frustrate the trial
The sheer magnitude of the money involved in the case quickened the establishment of the Nigerian Intelligence Unit in 2004. The NFIU was later admitted into the Egmont Group in 2007. The case also greatly underscores the need for a nonconviction based assets forfeiture regime in Nigeria. Prior to the EFCC investigation, two of the principal suspects have risen to be amongst the largest property owners in Nigeria and directors of public liability companies. The shares were clandestinely acquired with their war chest through proxies, agents, relations and shell companies
Lack of lawful electronic interception law and tracking technology for mobile phones encumbered the acquisition of real time intelligence and impeded the investigation. Telephone wire taps would have made a great impact on the overall result
Lack of national criminal database and credible identity system as well as national property registry made the task of tracing the assets of the suspects more arduous.