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Businessman cries foul over EFCC's delay in alleged forgery case

Published by Guardian on Wed, 05 Oct 2011


A LAGOS-BASED businessman, Bassey Eniang has lamenteddelayby the Economic and Financial Crimes Commission (EFCC) to prosecute someIndian nationals and theirNigeriancollaborators allegedly indicted forforgery and fraudulent conversion of their company's (Sam, Grace& Company Ltd)propertylocated at Plot C9 Amuwo Odofin Industrial Estate, Lagos.EFCC had in discreet investigation done between 2009-2010, whose copy was made available to The Guardian yesterday indictedAlok Gupta, Raj Gupta, Akinfemi Onadele and Ispat Steel Nigeria Limitedforconspiracy,fraudand fraudulentconversionof property and impersonation, an offencewhich is a violation of parts IV (offences) & VII (Miscellaneous provisions) of the EFCC Act, 2004.But the anti-graft agency in anInvestigation Reportdated October 20, 2010 with reference No: (Ref: CR: 3000/EFCC/LS/CT&GI/TA/VOL.5), stated that they 'await legal advice to enable us commence prosecution'.Not satisfied by this development, Eniang in a petition to PresidentGoodluck Jonathan datedSeptember 19, 2011 and marked REF No BAE/HE.GEJ/1107/11 urged Jonathan to use his good office to compel the anti graft agency to prosecute the affected people without delay.The EFCC's investigation, he said was as a result of a petition dated November 3, 2009, he sent to the EFCCagainstAlok Gupta, Raj Guptaalleging conspiracy, forgery, fraudand fraudulent conversion of our Company's (Sam, Grace& Company Ltd)propertylocated at Plot C9 Amuwo Odofin Industrial Estate, Lagos) using documents Lagos State Ministries of Finance and Justice found to be fake/forged, fraudulent and tainted.According to him,during the investigation, EFCC discovered and gave him acopy of handwritten letter dated 8/5/2003 written byone S.A Onadele & Co/Akinfemi Onadele (suspect) to the Lagos State Lands Authority falsely claiming to be Sam Grace & Co Ltd (our) 'Solicitors'.The suspects in the letter, he said 'also claimed falsely that they have my company's instruction to deal with the government agency on our behalf,' he said.He however regretted that a year after(October 2010) the 'Legal Advice' has not been procured and the suspects have not been prosecuted.He said: ' I was atthe EFCC office in Lagosmany times pleading forthe issuance of the 'Legal Advice' to facilitate immediate prosecution of the suspects, but my effort has not yielded result andthe delayis causing me frustration with serious effect on my health, family and finance.'I have been in and out of hospital frequently these days because of this problem.As they say,justice delayed amounts to justice denied. I instructed my solicitors who wrote on 05/08/2011 (receipt acknowledged on 08/08/2011)toinquire about the status of the prosecution of the case. Their letter could not be filed and therefore could not be treated because the officer in the legal department handling the case had locked up the file andwas away for two months.'I learnt that other members of his team could not work on the case /file.My solicitor eventually contacted him upon his return, only for him to claim that his system 'crashed' and so, he was starting the work all over again. I do not believe nor accept his claimbecause he had informed mein lateJune that the legal advice was ready but that he could not discuss it as he had not shownnor discussed it with his boss.He was assigned this case/file in earlyMarch2011, which meansthat he took three months to do the work. As things stand now, it is possible that he will use another three months to repeat it.'The file had been missing twice.I learnt that itgot to the Legal Department on February 7, 2011 (four months after investigation report was issued). The explanationgiven was that someoneput a wrong file number on it.
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