CASE NUMBER 10876:

Clement Illoh Onubuogo Accused of Fraud

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Alleged Perpetrators(s)

Clement Illoh Onubuogo (former Permanent Secretary of the Federal Ministry of Labour and Productivity)

Location (Town / State)

Lagos, Lagos

Date of Event

03 Apr 2017

Date of republication

03 April every year

Case category (Choose all that apply)

Case Summary

Since April 3, 2017, Mr Clement Illoh Onubuogo (who was Permanent Secretary of the Federal Ministry of Labour and Productivity until August 2017), has been facing prosecution for alleged fraud and theft. He has been accused by the EFCC of failure to declare cash assets to the tune of N97,300,613.44, $139,575.50 and 10,121.52 Pounds found in his name in three bank accounts domiciled in First Bank. He is also facing a permanent forfeiture order by the Federal High Court in Lagos for N664,475,246.6 and $137,680.11 allegedly diverted from the Sure-P programme. He is also facing a three-count charge bordering on stealing by conversion of property to the tune of N14,176,000 from the government’s Subsidy Reinvestment and Empowerment Programme (SURE-P).

Full story

On April 19, 2016, Clement Illoh Onubuogo, who was then Permanent Secretary of the Federal Ministry of Labour and Productivity (he was retired, and then replaced as permanent secretary by Adebiyi Bolaji Adebiyi on August 17, 2017), was came to the EFCC office following a letter of invitation sent to him. The defendant was allegedly given an asset declaration form to fill and he voluntarily made statement to the EFCC before being granted an administrative bail.

On June 21, 2016, First Bank Plc received a letter from the EFCC requesting Onubuogo’s account information. A reply was sent to the EFCC on August 9, 2016. In 2017, a year after, Onubuogo was re-invited to make clarification on his asset declaration, and he was shown the personal account details obtained from First bank that he failed to declare.

On April 3, 2017, Clement Illoh Onubuogo, an ex-Permanent Secretary of the Federal Ministry of Labour and Productivity (he was replaced as permanent secretary by Adebiyi Bolaji Adebiyi on August 17, 2017) was arraigned by the EFCC for allegedly not declaring some of his hidden cash assets. The EFCC, in the charge marked FHC/L/105c/17, alleged that he failed to declare N97,300,613.44, $139,575.50 and 10,121.52 Pounds found in his name in three bank accounts domiciled in First Bank. He was said to have committed the offence on April 19, 2016. The EFCC prosecutor, Mr Rotimi Oyedepo, told the Federal High court in Lagos that Onubuogo acted contrary to Section 27(3)(c) of the EFCC (Establishment) Act 2004. Onubuogo pleaded not guilty when arraigned before Justice Babs Kuewumi. Onubuogo’s lawyer, Mr T.S. Awhana, applied for Onubuogo’s bail on self-recognisance or if conditions were to be attached, the court should be lenient as, according to him and producing a medical report, the defendant was diabetic and hypertensive. The prosecutor did not oppose the bail application, and said he was more interested in the expeditious trial of the case. Oyedepo said he was ready to open his case immediately as, according to him, the case was straightforward and he had brought his two witnesses to court. Justice Kuewumi granted Onubuogo bail in the sum of N50m with one surety in like sum who must be a resident of Lagos, must depose to an affidavit of means and must show evidence of tax clearance for three years. Onubuogo was also ordered to deposit his passport in the custody of the court pending the determination of the case.

On August 15, 2017, the EFCC counsel, Mr Rotimi Oyedepo, filed an ex parte application for the final forfeiture of N664,475,246.6 and $137,680.11 allegedly recovered from Mr Clement Illoh Onubuogo. The the Federal High Court in Lagos on August 17, 2017, went ahead to order Mr Clement Illoh Onubuogo to temporarily forfeit to the Federal Government the sums of N664,475,246.6 and $137,680.11, which he allegedly diverted from the Sure-P programme. Onubuogo was also ordered to temporarily forfeit two properties (one house and one hotel), which he allegedly acquired with funds diverted from the SURE-P. Justice Abdulaziz Anka ordered the temporary forfeiture of the funds and the assets following an ex parte application. In the ex parte application, the EFCC said the funds and the properties were reasonably suspected to be proceeds of stealing and bribery.

On October 16, 2017, Onubuogo was re-arrested – even as he was on bail for the false asset declaration charge – and arraigned by the EFCC, Lagos Zonal office, on a three-count charge bordering on stealing by conversion of property to the tune of N14,176,000 from the government’s Subsidy Reinvestment and Empowerment Programme (SURE-P). Onubuogo, who had pleaded not guilty to the charge, was responsible for supervising numerous programmes including SURE-P and allegedly awarded fictitious contracts to himself via his company and friends. The offences contravened Sections 279 (1), (b) and 285 (6) of the Criminal Law of Lagos State 2011. He however, filed a no-case submission dated April 24, 2018, which the Ikeja Special Offences Court dismissed, as it argued that the EFCC had established a prima facie case against the accused. Following the dismissal of the no-case submission, and the court’s call for the defendant to open his defence, the defence counsel, Victor Chinedu, requested for adjournment and informed the court that three witnesses will testify for the defence. The court acceded to this request, and Justice Oluwatoyin Taiwo adjourned the case until September 19 and 20, 2018, for the defence to open their case. The EFCC counsel for this case is Nnaemeka Omeha.

One of the counts reads: “That you, Clement Illoh, a.k.a Clement & Bob Associate, on or about 28th January, 2015 at Lagos, within the jurisdiction of this honourable court whilst still a Permanent Secretary, Federal Ministry of Labour and Employment, dishonestly converted to your own use the sum of N14,176,000.00 (Fourteen Million, One Hundred and Seventy-six Thousand Naira) from the Nigerian Maritime Administration and Safety Agency (NIMASA), and you hereby committed an offense contrary to Section 279(1)(b) & 285(6) of the Criminal Law of Lagos State No,11,2011.”

On January 9, 2018, Justice Saliu Saidu granted the order for Onubuogo to permanently forfeit the N664m and $137,680.11 to the Federal Government. However, based on an out-of-court discussion and agreement reached between the prosecuting and defence parties, the EFCC urged the court to discharge of the earlier interim order of court as regards two of the landed properties being sought to be forfeited to the government. Onubuogo’s defence counsel did not oppose this application, thereby paving the way for the EFCC to move the motion for final forfeiture of Onubuogo’s other properties mentioned, which Justice Saliu Saidu granted.

The EFCC closed its case on March 7, 2018 following the conclusion of the testimony of a fourth prosecution witness. As at June 21, 2018, Justice Taiwo had rejected the no-case submission (dated April 24, 2018) filed by Onubuogo’s counsel, and had ordered Onubuogo to enter his defence. The matter was adjourned till September 19, 2018, for Onubuogo to open his defence.

External links/URLs

https://theeagleonline.com.ng/n14-1m-sure-p-fraud-you-have-case-to-answer-judge-tells-ex-perm-sec/
https://www.today.ng/news/nigeria/efcc-arraigns-perm-clement-onubuogo-n14-fraud-23573/amp
https://www.vanguardngr.com/2018/05/n14m-sure-p-fraud-trial

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