Alleged fraud: Loans approved by Akingbola follows due process ---EFCC witness
*Dr. Erastus Akingbola
(Nigeria) A witness of the Economic And Financial Crimes Commission, EFCC,
Mrs. Modupe Ajayi on Monday, told a Federal High Court sitting in Lagos, that all the loans approved by the
Chairman/Chief Executive Officer of the defunct Intercontinental Bank Plc, Dr.
Erastus Akingbola, followed due process.
Ajayi, a former Assistant General Manager, AGM, Credit
Analysis Department of the defunct Intercontinental Bank, also told the court
that Akingbola did not authorised the disbursement of any loan obtained from
the bank.
The witness stated this while being cross-examined by
Professor Taiwo Osipintan, SAN, one of the lawyer representing Akingbola.
When asked to go through page 84 to 94 of one of the exhibit
tendered by the prosecution
through her, and point out if there is any loan obtained without due process,
the witness said: "the process were in accordance with the laid down rules
and the approval was based on recommendation."
When also asked if the (defendant) Akingbola signed the
disbursement of the loans, the witness replied; "there was no documents
indicating that the defendant authorised the disbursement of the loans."
When further asked about those who recommended the payment
of the loans, the witness said: "I was not party to the recommendation.
Two non executive directors, and somebody from Legal department and Credit
department made the recommendation
Asked if any of those that made the recommendation were
charged with Akingbola, Ajayi said I can't see them in court."
Ajayi also told the court that from the documents, all the loans were adequately secured either by shares or cash as contained in the offer letters and
that there are two conditions for draw down of the facilities, the are
condition precedent and conditions for drawing down on the facilities.
Earlier, Ajayi, while being led evidence-in-chief by the
prosecutor, Mr. Rotimi Jacobs, SAN, had narrated before the court how the
defunct Intercontinental Bank Plc, granted billionaire loans to some companies
for trading at the Nigeria Stock Exchange.
Among the companies mentioned by Ajayi were Sincker Nigeria
Limited, Stansus Investment and Nwudike Enterprises.
She said all the loans followed due process and met the bank
rules as at the time. The witness also informed the court that Intercontinental
Bank made money from such facilities.
She also told the court that throughout her tenure as head
of Credit Analysis, she did not recommend any facility to Akingbola or
companies associated with him.
In her evidence, Ajayi who claimed to have started working
with the Bank in 2004, as Manager in Credit Analysis Department, while
analysing some exhibits earlier tendered by another witness, said she did not
sign some of the documents for the loans while she signed some.
EFCC had in a 22- Count charge alleged that Akingbola, between November 2007 and July
2008, “caused to be created a misleading appearance of active trading in the
shares of Intercontinental Bank Plc on the Nigerian Stock Exchange by being
connected with the utilisation of an aggregate sum of N179.385billlion of the
bank’s fund for the purchase of the bank’s shares.”
The commission said Akingbola converted N10 billion
belonging to the bank by obtaining three manager’s cheques in the names of
Tropics Properties Ltd, Tropics securities Ltd and Bankinson Nigeria Ltd, which
he “owned and controlled.”
EFCC added in the charge: “The manager cheques were
subsequently used to repay loan granted by Access Bank Plc to your companies
and which sum you knew represented the proceeds of crime, to wit: stealing."
The alleged offence violates Section 14 (1) of the Money
Laundering Act of 2004.
In the 22-count charge, the prosecution alleged that
Akingbola made an equity investment of N100million in Flexmore Technologies
without a prior approval in writing of the Central Bank of Nigeria, CBN.
It said Akingbola failed to take all reasonable steps to
ensure compliance with the requirement to maintain, at all times, the minimum
capital adequacy ratio specified by the CBN in compliance with Section 13(1) of
the Banks and Other Financial Institutions Act, Cap B3 Laws of the Federation
2004.
Akingbola was accused of granting “unsecured credit
facilities” worth billions of naira to different companies, and of buying a
London property at with 1.3 million pounds taken from the bank’s Nostro
account, among others.
Obviously EFCC's witness the SGM has witnessed in favour of the accused.
ReplyDeleteInteresting drama.