Story Highlights
- Bright Echefu and three others seek to quash a N380 million fraud case brought by the EFCC, arguing it stems from a civil dispute with a former minister, not criminal activity.
- EFCC alleges Echefu defrauded the ex-minister of the sum through money laundering, tax evasion, and other financial offenses involving TStv operations.
- Court proceedings are ongoing, with the judge reserving rulings on objections until the trial concludes.
Bright Echefu, Managing Director and Chief Executive Officer (MD/CEO) of Telecom Satellites Limited (TStv), and three others have asked the Federal High Court Abuja to quash the N380 million fraud-related case instituted against them by the Economic and Financial Crimes Commission (EFCC).
They allege that the case being prosecuted by the EFCC is a civil issue between them and Mr. Tanimu, MD of Kalsiyam Global and also former Minister of Special Duties and Inter-Governmental Affairs.
They were arraigned over nine counts of money laundering charges.
EFCC’s Case
Count six of the charges alleges that Echefu defrauded Mr. Tanimu, MD of Kalsiyam Global and also former Minister of Special Duties and Inter-Governmental Affairs, of the sum of N380 million.
Others arraigned alongside Echefu before Justice Inyang Ekwo of the court include the Executive Director of TStv, Felix Igboanuga; TStv, and Briechberg Investment Ltd as 2nd to 4th defendants respectively.
Other allegations state that the defendants allegedly contravened money laundering offenses, including tax evasion, un-remitted Value Added Tax (VAT), and Company Income Tax and Pay As You Earn (PAYE) deducted from the salaries of 165 staff.
Echefu, the MD of Briechberg Investment Ltd, was accused of obtaining the sum of N150 million from Mr. Turaki Kabiru Tanimu, SAN, MD of Kalsiyam Farm, with the alleged intent to defraud.
Defendants’ Reaction
But in their motion dated July 5, 2024, and seen by Nairametrics, Etiyato Fatogun (SAN) asked the court to quash the nine counts against the defendants.
He submitted that EFCC’s case is allegedly devoid of all essential ingredients suggesting the commission of an offense by his clients.
He stated that under relevant tax laws, some of the counts bordering on evasion of tax do not disclose any offense against his client.
He accused the EFCC of criminalizing a civil issue between his clients and the ex-minister.
He submitted that the EFCC instituted the case amid a pending suit before another trial court which sought to restrain security agencies’ move to prosecute him.
“The Complainant/Respondent lacks the powers to investigate or prosecute matters involving the administration, collection, management of taxes, and prosecution of tax offenders.
“The Charge before this Court was filed to oppress, prejudice, and embarrass the defendants.
“The Prosecution; the Economic and Financial Crimes Commission has criminalized a civil transaction between the nominal complainant (Ex-minister) and the 1st and 3rd Defendants/Applicant.
“The Prosecution acted as a debt recovery agency on behalf of the nominal complainant where it received the sum of N100,000,000 (One Hundred Million Naira) as part of an investment refund from the 3rd Defendant.”
What transpired in court
At the resumed proceedings on Wednesday, Fatogun adopted his motion and asked the court to grant the same.
But prosecution counsel, F. O Adiba, adopted a counter affidavit and urged the court to dismiss the application.
He informed the court that he had five witnesses to field throughout the proceedings.
After hearing from the lawyers, Justice Ekwo said that in line with the provisions of the Administration of Criminal Justice Act, the court will hear the matter and rule on any objection at the time of judgment.
He also held that while the ruling is reserved until the conclusion of the trial, he will not entertain any objection against the admissibility of any document or documentary evidence.
“Case adjourned to November 25-27, 2024, for trial,” the judge said.
What You Should Know
TStv, a satellite TV company launched by Echefu, was expected to challenge the monopolistic tendencies of Multichoice, owners of DStv and GOtv in Nigeria.
Touted as the first and only fully indigenous Pay-TV operator in the country, TStv entered the industry on October 1, 2017, with offerings that raised hopes among many Nigerians. Its decision to launch on Independence Day was symbolic of a declaration of ‘freedom’ in the Pay-TV industry. However, the company disappeared shortly after the launch.
It made a comeback on October 1, 2020, with promises to offer Nigerians the best Pay-TV service experience. Still, its service remained intermittent, leaving subscribers who invested in the company’s decoders with constant complaints.
TStv completely went off the radar again in March last year and has remained so to date without any explanation to subscribers aside from intermittent apologies for technical glitches during its active days.
