Last year the Economic and Financial Crimes Commission (EFCC) arraigned former Delta State governor, James Onanefe Ibori and five others for financial crimes but left out some other people who were participants in the alleged criminal activities of the governor.

A careful study of Charge No: FHC/KD/81C/2007 shows that some of Nigeria’s big banks were used to perpetrate these crimes and yet they escaped being charged for financial crimes. So also were some banks in Switzerland and other parts of Europe.

One very prominent Nigerian may have escaped being charged because he acquired immunity before the charges were brought. His name is Agbe Utuama. He was sworn in as the deputy governor of Delta State on May 29, 2007. Utuama, a former professor of law became a Senior Advocate of Nigeria (SAN) last year and was the Attorney General and Commissioner for Justice in the Ibori administration from 1999-2007, according Delta State government official website.

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Counts 4 to 23 of Charge No: FHC/KD/81C/2007 alleges that Utuama conspired with James Ibori to steal various sums of money running into hundreds of millions of naira. The generic wording of the counts read: “That you Mr. James Onanefe Ibori on or about the 2 nd October, 2003 within the jurisdiction of this Honourable Court did collaborate with Professor Agbe Utuama (now under immunity) using his firm, the Prime Chambers to conceal the genuine origin of the sum of N60,000,000.00 (sixty million naira) which sum formed part of the funds illegally withdrawn from the account of the Delta State Government and which sum was derived from an illegal act and you thereby committed an offence punishable under Section 14(1) of the Money Laundering (Prohibition) Act 2003.”

Prime Chambers Zenith Bank Account No: 6012901256 was opened in 2000 with Amos Agbe Utuama as the only signatory. Surprisingly, the bank reference forms were not submitted until 3 years later. On 2 nd of October, 2003, Aspera Nig. Ltd of plot 1054 Abolade Cole Street, Victoria Island submitted a reference form to Zenith Bank, Asaba on behalf of Prime Chambers. Aspera Nig Ltd claims to have known Prime Chambers for 3 years. As at then, Utuama had been Delta State Attorney General and Commissioner for Justice for 3 years.

On the same 2 nd October, 2003, another company, Ukebo Intl Ltd of 102 Jakpa Road, Effurun, Warri also submitted a reference form on behalf of Prime Chambers to Zenith Bank, Asaba. The company claims to have known Prime Chambers for 1 year.

Prime Chambers was registered on Nov 11, 1996 (LAZ 041685) to carry out the business of legal practice, legal consulting, research and seminars. Its offices were located at 299, Warri Sapele Road, Warri and 9, Funsho Street, Onike, Lagos.

A top banker who reviewed the bank statements for Elendureports.com explained the disparity in the submission of signatures and opening date thus: “You see as a banker if somebody comes to me and I know he is going to use the account to channel a lot of money, I’ll open it on the spot and we can regularize the account later. That is not to say that it is not illegal but bankers do that to high profile clients all the time. They knew that the man as the Attorney General of the State would fund the account heavily so Zenith Bank closed its eyes to legal requirements.”

The Zenith Bank account of Prime Chambers became operational on 19 th July, 2000. On that day, one Nelly Ama made a cash deposit of N1,000,000.00. About a month later, specifically on the 15 th of August one Adebimpe P. deposited an STB check for N13,500,000.00 into the account. On September 8, 2000, another cash deposit of N3,400,000.00 was made by Oyeye Paul. Ten days later, one Adesuwa Avielele paid in an STB Cheque for N13,791,260.00 to the account of Prime Chambers. This returned the account to black as it had gone into negative by N8,583,680.40 following the payment of N12,500,000.00 to Frank Okoisor on September 15, 2000.

Amos Agbe Utuama made a deposit of N3,500,000.00 into the account of Prime Chambers through a Standard Trust Bank instrument on 14 th November 2000. This is more than one year after he had been serving as the Attorney General and Commissioner for Justice in Delta State.

The Zenith Bank account of Prime Chambers entered 2001 with a little over one hundred thousand naira. But this situation quickly changed as a cash deposit of N5,000,000.00 was made by one Charles Isiayei on February 21, 2001. The next day, a Delta State Government STB cheque No. 4135 for N2,000,000.00 was deposited in the account of Prime Chambers.

Count 4 of the charges against Gov. James Ibori by EFCC allege that he collaborated with Agbe Utuama and Prime Chambers to conceal the origin of N60,000,000.00 belonging to Delta State government. According to documents in our possession, an NNB cheque No. 5171 for N60,000,000.00 was deposited by one Oghoro Ede in the account of Prime Chambers on October 2, 2003.

On 4 th June, 2003, one A.E. Oghoro made a cash deposit of N90,500,000.00 to the account of Prime Chambers in Zenith Bank. This cash deposit is the basis for count 5 of the charges against James Ibori. About one and a half months later, another big deposit was made to the account of Prime Chambers. This time it was in the form of a bank draft for N42,000,000.00 deposited by Charles Isiaye on 29 th July, 2003. Another STB cheque for N6,000,000.00 was deposited by one Jude two weeks after the last deposit.

The Zenith Bank account of Prime Chambers continued to deplete until another big deposit was made to the account. Again, it was oghoro A.E. who made the deposit of N90,500,000.00 using an NNB bank draft no. 474 on 2 nd September, 2003. If this were legitimate earnings, it would mean that a serving commissioner in Ibori’s government earned over N200,000,000.00 from June 4 th, 2003 to September 2 nd, 2003; a three month period.

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Further study of Utuama’s Prime Chambers account in Zenith Bank shows that the firm paid the sum of N40,000,000.00 to Efe Akpofure on 24 th of September, 2003. Other prominent people who were paid from this account during the 3 month period from June to September, 2003 are: A.A. Utuama, N500,000.00 paid on 23 rd June, 2003. Kingsley Mrakpor was paid N750,000.00 on 14 th July, 2003. Akin Modupe Johnson received the sum of N270,000.00 on 14 th July, 2003 and another N349,000.00 the next day, 15 th July, 2003. Billy Ugo got N600,000.00 on 15 th July, 2003 and another N500,000.00 on 22 nd July, 2003. Akin Modupe also got another N349,000.00 on 22 nd July, 2003. However, it would appear that Akin Modupe’s cheque for N349,000.00 issued on 15 th July, 2003 was returned on the 21 st of July and the same cheque paid the next day.

Efe Akpofure was paid N40,000,000.00 on September 24, 2003. The description for this payment by the bank reads: MC 1504 ISSD-Efe Akpofure SA. Another huge amount of money paid was entered thus: CQ 314 IRO 04 MCS ISSD N25,600,000.00. This payment was made on October 2 nd, 2003. Who was this money paid to? The entry does not mention a name. Obviously, Zenith Bank colluded with the owners of this account to obfuscate information on account no. 6012901256.

The payment of N25,600,000.00 temporarily put the account in negative balance of about N3,908,597.62. However, this did not last long as one Oghoro Ede made a deposit of N60,000,000.00 through NNB MC 5171 on October 7, 2003. This N60,000,000.00 is the subject of EFCC charge no. 16, against James Onanefe Ibori and 5 others.

Apart from Coscharis Motors, Nicon Insurance Company and Esco Superstores, other people who received significant sums of money from the account are: Believe God Ugo, who was paid N500,000.00 on October, 14, 2003 through cheque no. 320. Ten days later, Believe God Ugo also got another cheque for N500,000.00 through cheque no. 323. Six days later Believe God Ugo was paid another N500,000.00 through cheque no. 328. Ideh A E was paid N1,020,000.00 on 31 st October, 2003 through cheque no. 329. Utuama paid himself N500,000.00 on October 21, 2003.

The last major deposit into the Zenith Bank account of Prime Chambers for 2003 was on December 10. On that day, Charles (no last name) made a cash deposit of N30,150,000.00. On that same day A E Ideh was paid N500,000.00. A cheque of N1,000,000.00 was paid on the 12 th of December, 2003. Cheque 361 was paid in nobody’s name. It was explained like this: CQ 361 PD MC 17838 ISSD. Alex Izinyon was paid N500,000.00 on December 15, 2003. December 16, 2003, M P Ohiwovole was paid N15,000,000.00. Ekomo O was paid N500,000.00 on December 17, 2003. Tuwere Utuama was paid N500,000.00 from the Prime Chambers account on December 23, 2005. On that same day, the founder of Prime Chambers, AA Utuama was also paid N500,000.00. Cheque 367 was used to pay N25,000,000.00 on 23 rd December, 2003. However, no name was indicated as the payee instead it read: CQ 367 PD MC 18019 ISSD. The last transaction on this account in 2003 was the a cheque for N500,000.00 paid to AA Utuama on the 31 st of December, 2003.

----Courtesy Elendu Report

 

 

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