After re-launching last Independence Day, exactly three years after it failed to kickstart operations as planned, its MD/CEO, Bright Echefu and three others are seeking to quash a N380 million fraud allegation brought against them by the EFCC, saying that rather, it is a civil dispute involving a former minister and a not criminal case.
EFCC alleges that Echefu defrauded the ex-minister of the sum via money laundering, tax evasion and other alleged financial crimes involving TStv operations. Court proceedings are ongoing, with the judge reserving rulings on objections until the trial is concluded.
Echefu is the Managing Director and Chief Executive Officer of Telecoms Satellites Limited (TStv). He 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 held that the case being prosecuted by the EFCC is a civil one between them and Mr. Tanimu, MD of Kalsiyam Global and also former minister of Special Duties and Inter-Governmental Affairs. They were arraigned over a nine count charge bordering on money laundering.
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 and Briechberg Investment Ltd as 2nd to 4th defendants respectively. Other allegations stated 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 members of staff.
Echefu, also the MD of Briechberg Investment Ltd, was accused of obtaining the sum of N150 million from Turaki Kabiru Tanimu SAN, MD of Kalsiyam Farm, with the intent to defraud him of the said amount.
In in their motion, Etiyato Fatogun SAN asked the court to quash the nine counts against the defendants. He submitted that EFCC’s case is devoid of all essential ingredients suggesting the commission of an offense by his clients.
He stated that under relevant tax laws, some of the charges 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, the 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 from the 3rd defendant.”
At the resumed proceedings yesterday, Fatogun adopted his motion and asked the court to grant the same. But EFCC’s 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.
The suit was adjourned to November 25, 2024 for trial. TStv, a satellite TV company said it intends to challenge the monopoly by Multichoice, owners of DStv and GOtv, but is now enmeshed in a fierce legal battle against the country’s dreaded anti-graft agency
Seen as the first fully indigenous Pay-TV operator in the country, TStv entered the industry on October 1, 2017, with offerings that raised hopes of many Nigerians. Some said its decision to launch on Independence Day was symbolic of a declaration of the freedom to choose in the country’s 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. But its services were intermittent, leaving subscribers who bought the company’s decoders in agony. TStv completely went off the radar in March last year and has remained so till date without any explanation.
