DIRECT CRIMINAL COMPLAINT BROUGHT PURSUANT to SECTIONS 143 (D) and 152 of the CRIMINAL PROCEDURE CODE ACT, CAP

IN THE FCT CHIEF MAGISTRATE COURT IN THE ABUJA MAGISTERIAL DISTRICT HOLDEN AT ABUJA

CASE NO……………….…… BETWEEN:

FESTUS KEYAMO ………………………………...…………….. COMPLAINANT

AND

1. ANDY UBA 2. CHIBUIKE ACHIGBU …………………………. ACCUSED PERSONS

DIRECT CRIMINAL COMPLAINT BROUGHT PURSUANT TO SECTIONS 143 (d) AND 152 OF THE CRIMINAL PROCEDURE CODE ACT, CAP. 491, LAWS OF FCT NIGERIA, 2006.

Kindly cause the issuance of a Direct Criminal Complaint to be issued against the 1st and 2nd Accused Persons as follows:

(a) On or about the 26th day of April, 2007 at the residence of the 1st Accused Person in Aso Villa, Asokoro, Abuja, within the jurisdiction of this Honourable court, the Accused persons conspired with one Chief James Ibori to give one Mallam Nuhu Ribadu the then Chairman of the Economic and Financial Crimes Commission, the sum of 15 Million US Dollars bribe, and thereby committed the offence of Criminal Conspiracy contrary to Section 97 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006 and punishable under the same section. (b) On or about the 26th day of April, 2007 at the residence of the 1st Accused Person in Aso Villa, Asokoro, Abuja, within the jurisdiction of this Honourable court, the Accused Persons aided one Chief James Ibori to give one Mallam Nuhu Ribadu the then Chairman of the Economic and Financial Crimes Commission, the sum of 15Million US Dollars bribe and thereby committed the offence of Abetment of the offence of offering or Giving gratification contrary to Sections 83 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006 and punishable under Section 118 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006. (c) On or about the 26th day of April, 2007 at the residence of the 1st Accused Person in Aso Villa, Asokoro, Abuja, within the jurisdiction of this Honourable court, the Accused Persons were present when the sum of 15Million US Dollars was offered to Mallam Nuhu Ribadu the then Chairman of the Economic and Financial Crimes Commission as gratification to influence the investigation against one Chief James Ibori, and thereby committed an offence contrary to Sections 90 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006 and punishable under Section 118 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006. (d) On or about the 26th day of April, 2007 at the residence of the 1st Accused Person in Aso Villa, Asokoro, Abuja, within the jurisdiction of this Honourable court, the Accused Persons offered the sum of 15Million US Dollars to one Mallam Nuhu Ribadu the then Chairman of the Economic and Financial Crimes Commission, as Gratification to influence a Public Officer contrary to Section 118 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006 and punishable under the same section.

The following are the particulars of the offences one ANDY UBA and one CHIBUIKE ACHIGBU are accused of:

PARTICULARS OF OFFENCES

1. The Complainant is an active Legal Practitioner and a senior member of the Nigerian Bar Association. 2. The Complainant is an Urhobo by tribe, he was born, bred and raised in Ughelli Town, in Delta State. He is also an indigene of Effurun in Uvwie Local Government Area, near Warri, Delta State,. 3. The Complainant’s principal place of business in Delta State is Festus Keyamo Chambers, No. 1, Festus Keyamo Close, off Agric Road, GRA, Effurun, Uvwie Local Government Area, in Delta State. 4. The Complainant attended his primary and secondary schools in Delta State. 5. As a result of the above stated facts, the Complainant is keenly interested in ensuring that monies belonging to the people of Delta State are not mismanaged, stolen or converted. 6. The Complainant has also shown his resolve in fighting and exposing corruption in public places in Nigeria. 7. Consequent upon the above facts, the complainant has brought this Direct Criminal Complaint against the Accused Persons. 8. The 1st Accused Person is now a Senator of the Federal Republic of Nigeria, he was also the Special Assistant on Special Duties and Domestic Affairs to President Olusegun Obasanjo. 9. The 2nd Accused Person is a Nigerian and a business man. 10. In 2007 the Economic and Financial Crimes Commission conducted investigation in respect of one Chief James Onanefe Ibori, the convicted Former governor of Delta State. 11. While the investigation was on, the said Mallam Nuhu Ribadu, the then Chairman of the Economic and Financial Crimes Commission, raised alarm that he was bribed by one Chief James Ibori with the sum of 15 Million US Dollars. 12. In the course of the investigation into the bribery allegation, Mallam Nuhu Ribadu, the then Chairman of the Economic and Financial Crimes Commission, one Ibrahim Lamorde, the then Director of Operations of the Economic and Financial Crimes Commission and one James Garba who was a staff of Central Bank of Nigeria on redeployed to the Economic and Financial Crimes Commission made statements in the course of investigation into the $15million dollar bribery allegation. 13. The following are the statements of Mallam Nuhu Ribadu, Ibrahim Lamorde and James Garba:

14. Mallam Nuhu Ribadu –

“My name is Nuhu Ribadu. I am the Chairman Economic and Financial Crimes Commission of Nigeria. Sometime within the month of April, 2007, Mr. James Ibori the former Governor of Delta State and as at the time being investigated for corruption and money laundering, informed me that he had Fifteen Million Dollars for us (the EFCC) to collect. He said that the money is in cash and that it can be collected at Dr. Andy Uba’s residence, Aso Villa, Abuja. I therefore requested the Director of Operations of EFCC Mr. Ibrahim Lamorde to first arrange with the Central Bank of Nigeria for safe keeping of the money and proceed with his officer to receive the money. The money was collected in my presence at Dr. Andy Uba’s house on the 26/4/07 by Lamorde and his officers and was deposited with the C.B.N Abuja branch on the same day.”

Lamorde’s Statement:

“My name is Ibrahim Lamorde. I am the Director of Operations of the EFCC. On the 25th of April, 2007, the Executive Chairman of the EFCC Mr. Nuhu Ribadu me that there was the sum of $15million (USD) in cash given to him and the Commission by Mr. James Ibori, the then Governor of Delta State. He explained further that the money was in Dr. Andy Uba’s residence in the Villa area. He directed that I should make arrangement to collect the money and deposit same with the Central Bank of Nigeria (CBN). I therefore, drafted a letter, addressed to the Branch Controller of CBN, Garki. I gave the letter to Mr. James Garba a CBN staff. Currently on secondment to the EFCC and requested him to proceed to the C.B.N. He came back to me later and informed me that the money will receive the following day 26-04- 07. On the said 26-04-07, Myself and Mr. James Garba, accompanied by Police escort proceeded to Mr. Uba’s residence. We collected the money (US $15million) and immediately proceeded to C.B.N where we deposited same. The receipt of the money was duly acknowledged by the C.B.N.”

James Garba’s Statement:

“I, James Garba was born on June 29, 1963….I started my working experience with Central Bank of Nigeria in Lagos on February 21, 1989 as a Senior Supervisor from where I rose to status of a Senior Bank Examiner, the position I occupied presently. I worked in various establishments of the Bank…..I was redeployed to the Economic and Financial Crimes Commission EFCC in continuation of an investigation the Bank carried out. I have been working with the EFCC since November 2004 while with the EFCC, I was involved in the investigation of several cases involving governments, financial institutions and individuals. Such investigations took me to several places including Abuja. On April, 2007, while in Abuja, I was directed by the Director of Operations of EFCC, Mr. Ibrahim Lamorde to do a draft letter to the Central Bank of Nigeria-CBN requesting the Bank to keep on behalf of that Commission – EFCC USD 15million in safe custody pending the successfully completion of the investigation. He informed me that the amount was recovered from an ongoing investigation but did not disclose the specific investigation. He requested me to do the letter and participate in the deposit for the Commission because he knew I was from the CBN and could facilitate the deposit. I prepared the letter for his signature in the …….of some other tight schedules on that April 25, 2007 but could not make the deposit that day because it was already late to do so. He did not disclose to me where the money was kept or the person from where we were to collect the money on that April 25, 2007. I later called the head of the currency office in CBN branch in Abuja and informed him that we will be bringing some amount for safe keeping with the Bank. The next day, being April 26, 2007 at about 1000hrs, the Director of Operations of EFCC, Mr. Ibrahim Lamorde directed that I should follow him to go and pick the USD15million and deposit them with the CBN as earlier said. We were then at the Asokoro office of EFCC at No. 1 & 3, Justice Mohammed Bello Street, off Jose Marti Street, Asokoro. He called an armed mobile police man to give us escort and his official driver drove him, the Mopol and I to the Aso Villa, while in the car at Aso Villa, he informed us that the driver should drive to Mr. Andy Uba’s house near the Nigeria financial intelligence office to pick the money and take same to the CBN for safe keeping. Another vehicle with armed policemen followed us for security reasons. Mr. Lamorde did not disclose where the money was kept for security reasons. The security men at Mr. Andy Uba’s house allowed the Director’s car to enter the compound after consulting with the occupant. We entered the compound but did not enter the house. In the compound, I saw Mr. Andy Uba and he directed some men to carry a brownish long bag, very heavy into the booth of the Director’s car - an Avensis car. Mr. Uba was worried if the vehicle could carry the long and heavy bag. This happened after Mr. Uba and Mr. Lamorde exchanged greetings on our arrival to Uba’s house. Immediately the Director’s car was loaded with the heavy bag, our convoy drove straight to the CBN branch near the Security and Minting Company in Abuja. Mr. Lamorde and I went into the CBN, met with the head of currency office, Mr. M.M El-Yakub who took us to the office of the branch controller, it was there we submitted the Commission’s letter to the Branch Controller and it was received. The Branch Controller gave the go-ahead to receive the deposit on behalf of the Commission. The head of the Currency Office then assigned to us one staff of the treasury office who helped us carry the heavy and long bag into the treasury. It was then that the bag was opened and I saw lots of USD majority of the US Dollar were in 100 dollar bills with very few in 20 dollar bills. Mr. El-Yakub, his treasury manager and some treasury staff counted the money in our presence, staked them into aluminum boxes, wired the boxes and kept them in a corner of one of the strong room underground. Mr. El-Yakub of the CBN acknowledged our letter that “USD 15million received today into strong room 1 for safe keeping”. Mr. Lamorde, Mr. El-Yakub and I then left the underground strong room/treasury after a search on us. Mr. Lamorde and our convoy left the CBN to continue with our various other assignments thereafter”.

15. Copies of the statements of Nuhu Ribadu, Ibrahim Lamorde and James Garba are hereby attached and marked EXHIBITS A, B, and C respectively. 16. A copy of the letter forwarding the money to CBN upon which the acknowledgment of the money was written is hereby attached and marked Exhibit D. 17. On or about the 29th of August, 2012, the 2nd Accused person deposed to an affidavit where he stated that the said money ($15million) belongs to him and was provided by him for the said transaction. 18. Based on the Statements made by Mallam Nuhu Ribadu, Ibrahim Lamorde and James Garba, the Complainant hereby accuses the accused persons of committing the following offences:

Dated this…………………….…..……day of…………………………………2012.

OGHENOVO O. OTEMU, ESQ. AHMED TIJANI YUSUF, ESQ UGOCHUKWU EZEKIEL, ESQ. FESTUS KEYAMO CHAMBERS, 13, NOUAKCHOTT STREET , NEAR BANK PHB, WUSE, ZONE 1 ABUJA . 08033371229, 08023388080 IN THE FCT CHIEF MAGISTRATE COURT IN THE ABUJA MAGISTERIAL DISTRICT HOLDEN AT ABUJA

CASE NO…………….……… BETWEEN:

FESTUS KEYAMO……………………………………………….. COMPLAINANT

AND

1. ANDY UBA 2. CHIBUIKE ACHIGBU……………………………….. ACCUSED PERSONS

VERIFYING AFFIDAVIT

I, FESTUS KEYAMO, ESQ., male, Christian, Nigeria citizen of Festus Keyamo Chambers, No. 1, Festus Keyamo Close, off Agric Road, GRA, Effurun, Uvwie Local Government Area, in Delta State do hereby make oath and state as follows:

1. That I am the Complainant in this case. 2. That I hereby verify the facts contained in the Direct Criminal Complaint as true and correct to the best of my knowledge. 3. That I am an active Legal Practitioner and a senior member of the Nigerian Bar Association. 4. That I am an Urhobo by tribe, I was born, bred and raised in Ughelli Town, in Delta State. I am also an indigene of Effurun in Uvwie Local Government Area, near Warri, Delta State. 5. That my principal place of business in Delta State is Festus Keyamo Chambers, No. 1, Festus Keyamo Close, off Agric Road, GRA, Effurun, Uvwie Local Government Area, in Delta State. 6. That I attended primary and secondary schools in Delta State. 7. That as a result of the above stated facts, I am keenly interested in ensuring that monies belonging to the people of Delta State are not mismanaged, stolen or converted. 8. That I have also shown my resolve in fighting and exposing corruption in public places in Nigeria. 9. That consequent upon the above facts, I have brought this Direct Criminal Complaint against the Accused Persons. 10. That the 1st Accused Person is now a Senator of the Federal Republic of Nigeria. He was also the Special Assistant on Special Duties and Domestic Affairs to President Olusegun Obasanjo. 11. That the 2nd Accused Person is a Nigerian and a business man.

12. That in 2007 the Economic and Financial Crimes Commission conducted investigation in respect of one Chief James Onanefe Ibori, the convicted Former governor of Delta State. 13. That while the investigation was on, one Mallam Nuhu Ribadu the then Chairman of the Economic and Financial Crimes Commission, raised alarm that he was offered the sum of 15 Million US Dollars as gratification by Chief James Ibori to influence investigation of money laundering being carried out by EFCC involving Chief James Onanefe Ibori. 14. That in the course of the investigation in respect of the bribery allegation, Mallam Nuhu Ribadu, the then Chairman of the Economic and Financial Crimes Commission, one Ibrahim Lamode the then Director of Operations of the Economic and Financial Crimes Commission and one James Garba who was a staff of Central Bank of Nigeria on redeployed to the Economic and Financial Crimes Commission made the following statements in the course of investigation into the $15million dollar bribery allegation. 15. That the following are the statements of Mallam Nuhu Ribadu, Ibrahim Lamorde and James Garba:

16. Mallam Nuhu Ribadu –

Lamorde’s Statement:

“My name is Ibrahim Lamorde. I am the Director of Operations of the EFCC. On the 25th of April, 2007, the Executive Chairman of the EFCC Mr. Nuhu Ribadu me that there was the sum of $15million (USD) in cash given to him and the Commission by Mr. James Ibori, the then Governor of Delta State. He explained further that the money was in Dr. Andy Uba’s residence in the Villa area. He directed that I should make arrangement to collect the money and deposit same with the Central Bank of Nigeria (CBN). I therefore, drafted a letter, addressed to the Branch Controller of CBN, Garki. I gave the letter to Mr. James Garba a CBN staff. Currently on secondment to the EFCC and requested him to proceed to the C.B.N. He came back to me later and informed me that the money will receive the following day 26- 04-07. On the said 26-04-07, Myself and Mr. James Garba, accompanied by Police escort proceeded to Mr. Uba’s residence. We collected the money (US $15million) and immediately proceeded to C.B.N where we deposited same. The receipt of the money was duly acknowledged by the C.B.N.”

James Garba’s Statement:

“I, James Garba was born on June 29, 1963….I started my working experience with Central Bank of Nigeria in Lagos on February 21, 1989 as a Senior Supervisor from where I rose to status of a Senior Bank Examiner, the position I occupied presently. I worked in various establishments of the Bank…..I was redeployed to the Economic and Financial Crimes Commission EFCC in continuation of an investigation the Bank carried out. I have been working with the EFCC since November 2004 while with the EFCC, I was involved in the investigation of several cases involving governments, financial institutions and individuals. Such investigations took me to several places including Abuja. On April, 2007, while in Abuja, I was directed by the Director of Operations of EFCC, Mr. Ibrahim Lamorde to do a draft letter to the Central Bank of Nigeria-CBN requesting the Bank to keep on behalf of that Commission – EFCC USD 15million in safe custody pending the successfully completion of the investigation. He informed me that the amount was recovered from an ongoing investigation but did not disclose the specific investigation. He requested me to do the letter and participate in the deposit for the Commission because he knew I was from the CBN and could facilitate the deposit. I prepared the letter for his signature in the …….of some other tight schedules on that April 25, 2007 but could not make the deposit that day because it was already late to do so. He did not disclose to me where the money was kept or the person from where we were to collect the money on that April 25, 2007. I later called the head of the currency office in CBN branch in Abuja and informed him that we will be bringing some amount for safe keeping with the Bank. The next day, being April 26, 2007 at about 1000hrs, the Director of Operations of EFCC, Mr. Ibrahim Lamorde directed that I should follow him to go and pick the USD15million and deposit them with the CBN as earlier said. We were then at the Asokoro office of EFCC at No. 1 & 3, Justice Mohammed Bello Street, off Jose Marti Street, Asokoro. He called an armed mobile police man to give us escort and his official driver drove him, the Mopol and I to the Aso Villa, while in the car at Aso Villa, he informed us that the driver should drive to Mr. Andy Uba’s house near the Nigeria financial intelligence office to pick the money and take same to the CBN for safe keeping. Another vehicle with armed policemen followed us for security reasons. Mr. Lamorde did not disclose where the money was kept for security reasons. The securitymen at Mr. Andy Uba’s house allowed the Director’s car to enter the compound after consulting with the occupant. We entered the compound but did not enter the house. In the compound, I saw Mr. Andy Uba and he directed some men to carry a brownish long bag, very heavy into the booth of the Director’s car - an Avensis car. Mr. Uba was worried if the vehicle could carry the long and heavy bag. This happened after Mr. Uba and Mr. Lamorde exchanged greetings on our arrival to Uba’s house. Immediately the Director’s car was loaded with the heavy bag, our convoy drove straight to the CBN branch near the Security and Minting Company in Abuja. Mr. Lamorde and I went into the CBN, met with the head of currency office, Mr. M.M El-Yakub who took us to the office of the branch controller, it was there we submitted the Commission’s letter to the Branch Controller and it was received. The Branch Controller gave the go-ahead to receive the deposit on behalf of the Commission. The head of the Currency Office then assigned to us one staff of the treasury office who helped us carry the heavy and long bag into the treasury. It was then that the bag was opened and I saw lots of USD majority of the US Dollar were in 100 dollar bills with very few in 20 dollar bills. Mr. El-Yakub, his treasury manager and some treasury staff counted the money in our presence, staked them into aluminum boxes, wired the boxes and kept them in a corner of one of the strong room underground. Mr. El-Yakub of the CBN acknowledged our letter that “USD 15million received today into strong room 1 for safe keeping”. Mr. Lamorde, Mr. El-Yakub and I then left the underground strong room/treasury after a search on us. Mr. Lamorde and our convoy left the CBN to continue with our various other assignments thereafter”.

17. That a copy of the statements of Nuhu Ribadu, Ibrahim Lamorde and James Garba are hereby attached and marked EXHIBITS A, B, and C respectively. 18. That a copy of the letter forwarding the money to CBN upon which the acknowledgment of the money was written is hereby attached and marked Exhibit D. 19. On or about the 29th of August, 2012, the 2nd Accused person deposed to an affidavit where he stated that the said money ($15million) belongs to him and was provided by him for the said transaction. 20. That based on the Statements made by Mallam Nuhu Ribadu, Ibrahim Lamorde and James Garba, I hereby accuse ANDY UBA and CHIBUIKE ACHIGBU of committing the following offences:

(a) On or about the 26th day of April, 2007 at the residence of the 1st Accused Person in Aso Villa, Asokoro, Abuja, within the jurisdiction of this Honourable court, the Accused persons conspired with one Chief James Ibori to give one Mallam Nuhu Ribadu the then Chairman of the Economic and Financial Crimes Commission, the sum of 15 Million US Dollars bribe, and thereby committed the offence of Criminal Conspiracy contrary to Section 97 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006 and punishable under the same section. (b) On or about the 26th day of April, 2007 at the residence of the 1st Accused Person in Aso Villa, Asokoro, Abuja, within the jurisdiction of this Honourable court, the Accused Persons aided one Chief James Ibori to give one Mallam Nuhu Ribadu the then Chairman of the Economic and Financial Crimes Commission, the sum of 15Million US Dollars bribe and thereby committed the offence of Abetment of the offence of offering or Giving gratification contrary to Sections 83 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006 and punishable under Section 118 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006. (c) On or about the 26th day of April, 2007 at the residence of the 1st Accused Person in Aso Villa, Asokoro, Abuja, within the jurisdiction of this Honourable court, the Accused Persons were present when the sum of 15Million US Dollars was offered to Mallam Nuhu Ribadu the then Chairman of the Economic and Financial Crimes Commission as gratification to influence the investigation against one Chief James Ibori, and thereby committed an offence contrary to Sections 90 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006 and punishable under Section 118 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006. (d) On or about the 26th day of April, 2007 at the residence of the 1st Accused Person in Aso Villa, Asokoro, Abuja, within the jurisdiction of this Honourable court, the Accused Persons offered the sum of 15Million US Dollars to one Mallam Nuhu Ribadu the then Chairman of the Economic and Financial Crimes Commission, as Gratification to influence a Public Officer in contrary to Section 118 of the Penal Code Act, Cap. 532, Laws of FCT Nigeria, 2006 and punishable under the same section.

21. That I have now filed a Direct Criminal Complaint against the accused persons in line with my resolve to fight corruption and protect funds belonging to my State (Delta State). 22. That the society is crying for justice in this matter and only an intervention by the Court can answer the cry. 23. That it will be in the best interest of justice to bring the accused persons to answer to this Complaint. 24. That this Court has the power to direct that the accused persons be brought to answer to the Complaint. 25. That this Complaint is made in good faith. 26. That I make this affidavit in good faith and in accordance with the Oaths Act. ______DEPONENT Sworn to at the FCT Magistrate Court Registry, Abuja

This------day of------2012

BEFORE ME

COMMISSIONER FOR OATHS