The Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, SAN has clarified a recent story in the news, supposedly concerning a whistle-blower.
He said that on June 11, 2018 one Mr John Okpurhe forwarded a hand-written letter to the Office of the Attorney-General of the Federation and Minister of Justice titled “NOTICE OF ALLEDGE (SIC) FRAUD OF 1,034,515,000 USD IN ACCOUNT NUMBER (0013670344) WITH UNITY BANK PLC”.
“Mr Okpurhe also forwarded a Memorandum of Understanding signed between him and a certain law firm, Mammam Maiyaki & Co.
“The said letter alleged that the Nigerian Ports Authority operates an account containing looted funds amounting to the sum of one billion, thirty-four million, five hundred and fifteen thousand US dollars”.
Malami said that by way of setting machineries in motion and springing into action, on June 13, 2018 the Office of the AGF wrote a letter to the Nigerian Financial Intelligence Unit (NFIU) requesting for a forensic analysis of the account.
He said that after thorough and due analyses of the account, the NFIU replied the Office of the AGF with the report of their findings in a letter on June 22, 2020 reporting the following findings;
“That the Account number 0013670344 does not belong to the Nigerian Ports Authority, but that the agency however has an account 0013680344 with the bank.
“That there is a pending litigation involving Nigerian Ports Authority being the defendant/Judgment debtor/applicant, Aminu Ibrahim and Company & Gboye Ayoade and Company being the plaintiffs/Judgment creditors/respondents and Unity Bank as well as nine other banks being garnishees in suit No. FHC/L/CS/882/10.
“That the claim by Mr Okpurhe that the account has one billion, thirty-four million, five hundred and fifteen thousand dollars only, was not found to be true.
“That the most similar balance to the reported amount was one million, thirty-four thousand, five hundred and fifteen dollars and nine cents only which was closing balance on the account as at October 31, 2017.
“This is almost a year before the whistleblower’s letter and the highest balance in the account was never up to five million dollars as at December 10, 2007”.
He said that the sum of nine hundred and thirty-nine thousand, nineteen dollars and seventy-nine cents was the initial amount in the account as at August 27, 2010 when the account was put to garnishee order.
He added that the difference represents accrued interest over the period between August 27, 2010 and December 4, 2019 when the transfer was effected to the judgment creditors.
“The account has been on Post No Debit (PND) since November 2, 2015. Nigeria Port Authority operates an account with the Unity Bank no. 0013670344.
“A Bank Statement revealed that on December 4, 2019 the sum of one million, fifty-seven thousand, seven hundred and seventy-two dollars, three cents was debited in favour of suit no. FHC/L/CS/582/2010 GARNISHEE ORDER NISI- AMINU IBRAHIM & CO & ANOR. VS NIGERIAN PORTS AUTHORITY SUIT’’.
He said that following the Forensic Report of the NFIU and that of Special Investigation Panel, the Head of Asset Recovery and Management Unit at the Office of the AGF notified the Whistle-Blower in writing via letter (Ref. No. HAGF/ARMU/WBO/2018/1 dated 27th July, 2018.
“The letter informed him that Financial analyses and enforcement investigation was carried out on the account under reference, and regrettably, ‘I am to inform you that the account is a subject of litigation before the Federal High Court in the Lagos Judicial Division’.
“Accordingly, you are advised that the subject matter is subjudice”.
“The disclosure in its own right could not qualify as a whistle blowing case that could have entitled the purported whistle blower to any fees in view of the following;
“The fact that there is a litigation going on relating to the account which makes that matter a public domain issue and in essence could not be tagged `Whistle-Blowing’.
“The alleged account number was never found and the alleged amount was never in the targeted account”.
According to the Minister, `being unsatisfied with the letter, the whistle-blower transmitted another application dated July 27, 2018 stating that the said account is a cloned one’.
He further engaged a forensic auditing firm, Crescent House Limited via MoU in which the firm forwarded an application to the office of the AGF to be engaged as Whistle blower.
He also introduced a law firm, F.C Dikeocha and Associates to the office of AGF in a letter dated July 11, 2018, attaching a revocation letter of authority of Mamman Mayaki & CO.
“It is necessary for the general public to note that, the whistle-blower changed his counsel and presented four counsel four times, in the following order:
- Mamman Mayaki & Co on June 12, 2018
(ii) F.C Dikeocha and Associates on July 11, 2018,
(iii) J K Gadzama LLP on November 13, 2018
(iv) Falana & Falana’s Chamber on February 25, 2020
In a letter in Novemeber, 2018 to head of ARMU, PSC Mrs Bunmi Naiyeju-Adelaiye, a staff at the Assets Recovery Unit, complained that her life was threatened by an associate of the Whistle-Blower, one Mr Isreal Eshanekpe.
According to Naiyeju-Adelaiye, `Mr Israel Eshanekpe threatened my life with calls and text messages claiming that the alleged monies were in the recovery account and that the office of the AGF has failed to pay his 5 per cent.
“He also made allegations of fraud and compromise against the government officials involved in this recovery”.
Malami said that due to the desperation and behavior of the whistle blower his last solicitors, JK Gadzama LLP wrote him on May 6, 2019 a letter, which was copied to the office of the AGF titled `Withdrawal of Legal Services in the Matter of Request of payment due Mr Okpurhe John under the whistleblower Policy of the Federal Government of Nigeria’.
Part of the letter reads:
“We have been handling the referenced matter judiciously right from our briefing in November, 2018 and have accorded it all the time and expertise required.
“To our dismay, our efforts have been undermined by your continuous misguided comments and unfounded distrust for which you had previously tendered a written apology. As a result, it has become imperative for the firm to immediately withdraw our services as your counsel in this matter effective from date of this letter”.
The office of the Nigerian Ports Authority was consulted and in a letter dated June 11, 2020, the Managing Director conveyed to the office of the AGF thus:
“Please note that the said account has never been operated by the Nigerian Ports Authority and this is evidenced by letter reference UB/TICP/SO/TO dated February, 2020 from Unity Bank Plc which is a response to the Authority’s letter reference no: HQ/GMF/AD/B5/098 dated February 12, 2020”.
“Perhaps, the whistle-blower got to know that on December 4, 2019 the sum of one million, fifty-seven thousand, seven hundred and seventy-two dollars, three cents and not one billion, thirty-four million, five hundred and fifteen thousand US dollars as claimed by the whistle-blower and was in the account number 0013680344 and not account number 0013670344 as wrongly claimed by the whistle-blower and it was that amount that was debited in favour of suit no.
FHC/L/CS/582/2010 GARNISHEE ORDER NISI- AMINU IBRAHIM & CO & ANOR. VS NIGERIAN PORTS AUTHORITY SUIT.
“He assumed, and wrongly so, that the money was recovered by the Federal Government and transferred into the account because of his whistle-blowing”.
He added that on June 17, 2020 the office of the AGF received a letter written on January 14, 2020 signed by Mr Okuprhe John on January 17, 2020 claiming non-payment of whistle blowing fees alleging that his action resulted in the discovery and recovery of the funds by the Head of Assets Recovery and Management Unit in the Ministry of Justice, Hajia Ladidi Mohammed, on June 11, 2018.
“I have since not received my reward as there have been series of deceits from the department even after the money has been recovered, hence this petition for the Attorney-General of the Federation and Minister of Justice’s necessary action”.
The Minister however says it is important for the general public to note that the matter was already in court before the whistle blower wrote to the office.
“Subsequent correspondence proved that. It was therefore, never an issue of whistle blowing. The account was put on PND and the amount was transferred to the plaintiffs following a garnishee order.
“By a writ of summons dated October 6, 2006 the plaintiffs commenced a suit against the Nigerian Ports Authority claiming Orders of the Court directing the authority to pay the sum of nine million, one hundred and eighty-six thousand seven hundred and one US dollars and one hundred and forty-four million, three hundred and three thousand, nine hundred and eighty-one naira to the plaintiffs.
This amount is the alleged agreed fee for consultancy services rendered by the Plaintiffs and interest on the said sums at the rate the of 10 per cent, from April 27, 2004 until the final liquidation of the debt.
“From the forgoing, the man was not in any way connected with the whistle-blowing over the account. The transfer of the money was not due to his letters of alleged whistle-blowing.
“The monies were not transferred to the designated assets recovery account at the Central Bank of Nigeria.
“Therefore, he cannot in any way claim any fee for the work for which he was never responsible.
“The office of the Attorney-General of the Federation and Minister of Justice remains resolute in the fight against corruption, and in its desire to enforce the whistle-blowing policy and ensure that no whistle blower is short-changed having done what is legally acceptable in the interest of the public good.
“No amount of desperation or campaign of calumny will deter us or make the office of the AGF alter the laid down procedure of doing things in accordance with the extant laws and regulations”, the Minister averred.
