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| Dauda Lawal |
AN
Executive Director of First Bank Plc, Dauda Lawal, has accused Economic and
Financial Crimes Commission (EFCC) of falsifying the circumstances under which
he surrendered N9.08 billion to the commission.
EFCC
had urged the Federal High Court in Lagos to order the forfeiture of the money
allegedly laundered for former Minister of Petroleum Resources, Diezani
Alison-Madueke.
But
Lawal, in a counter-affidavit filed in opposition to EFCC’s prayers, said there
was a desperate bid by the commission to obtain an order of forfeiture from the
court.
He
denied ever being in possession of property suspected to be proceeds of
unlawful activity held or laundered on behalf of Mrs. Alison-Madueke.
Lawal
said following his arrest on May 9, 2016, he cooperated with EFCC and made a
full admission to having received $25 million.
“Having
provided evidence to the EFCC of how the $25 million so obtained had been
disbursed, I was still made to agree to surrender to the EFCC an additional sum
of N9.08 billion being the naira equivalent of $40 million at the rate of N227
to $1,” he said.
He
said based on the agreement, he surrendered N5 billion to regain his freedom
last May 13, but that the EFCC reneged on the agreement to release him despite
surrendering 56 per cent of the amount.
Lawal
said he made statements to EFCC about the circumstances following the release.
“Had
the EFCC disclosed my witness statements to His Lordship Justice Muslim Hassan,
he would not have granted them the interim order for forfeiture on January 6,
2017,” he said.
On
how he received the $25 million, Lawal said he received a call from a friend,
Stanley Lawson, March 2015 to help collect the money, which he subsequently
paid into an account provided for him.
“I
had no idea of the origin of the said funds and only acted in the course of
normal banking business,” he said.
The
banker said EFCC allegedly compelled him to provide funds he never received.
Lawal
said in the affidavit: “Having been invited and subsequently detained in Lagos
for 11 consecutive days and without access to members of my immediate family,
the EFCC investigators kept suggesting and insisting that there was a shortfall
of $40 million, which I was yet to account for.
“They
were alleging that I had in fact taken $65 million as opposed to the $25
million, which I stated that I had received.
“The
EFCC investigators interviewing me made it clear that the only way that I
could/would leave detention is if I made their suggested shortfall available to
them.
“I
had now been in detention for several days, not seen my family and felt that
the only way of being allowed to leave EFCC detention was by giving into their
demands.
“My
legal representatives and I became extremely fearful that if I did not take
this course of action, I was going to be detained by the EFCC for at least a
further 19 days, with the real prospect that this could be extended.
“At
this stage, I was extremely desperate and would have agreed to almost anything
to ensure my release from detention.
“Because
I never had this EFCC invented $40 million to hand, I had to use my personal
connections to source for and raise about 50 per cent of the said amount while
I was in detention.
“I
managed to borrow some of the money from the bank where I am an Executive
Director and surrendered it to the EFCC through my legal counsel and was
eventually released from detention on May 20, 2016.
“Consequently,
in a three week period between May 13 and June 6, 2016, I was made to surrender
to the EFCC Recovery Account at the Central Bank of Nigeria the total sum of
N9.08 billion.”
He
is praying the court to set aside the temporary order of forfeiture on the
basis of alleged suppression of material fact by EFCC.
“I
believe that it is in the interest of justice for this court to deny the
applicant’s application for a final order of forfeiture in this case so as to
ensure that justice is served,” Lawal said.
The
bank chief made a counter-claim for an order directing EFCC to return the N9.08
billion to him.
But,
EFCC, in its reply to the counter-affidavit, said the N9.08 billion, “being
proceeds of the unlawful activities retained by the second respondent (Lawal)
was recovered from him voluntarily by the applicant (EFCC)”.
“The
second respondent confessed to have retained the said sum and voluntarily
pledged before his lawyer to return same to the Federal Government,” the
commission said.
Insisting
that the money formed part of unlawful activities, EFCC asked the court to make
a permanent forfeiture order of the money.
“While
the second respondent was in our custody, he had unfettered access to his
lawyers, immediate family and friends.
“It
is in the interest of justice to grant this application forfeiting the total
sum of N9,080,000,000 being properties suspected to be proceeds of unlawful act
found in possession of the second respondent,” EFCC said.
Justice
Hassan adjourned until February 16 for ruling.
Source:The
Nation
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