The Economic and Financial Crime Commission (EFCC) yesterday urged Justice Ayo Emmanuel of the Federal High Court sitting in Ibadan not to quash the case against former Executive Director of the Institute of Agricultural Research and Training (IAR&T) of the Obafemi Awolowo University(OAU), Ile-Ife, Prof. Benjamin Adefemi for alleged N115 million fraud.
EFCC arraigned Ogunbodede, Zaccheaus Tejumola, Adenose Clement and Jalekun Omitowoju Yisua on a 17-count charge, following petitions against them by the staff unions of the institute and the industrial action that paralysed the research institute for over 11 months.
The charge reads: “The accused on or about June 6 2011 conspired amongst themselves to commit an offence to wit: conversion of the sum of N115,750,000, which was derived from theft and thereby committed an offence contrary to and punishable under Section 18(a) of the Money Laundering (Prohibition) Act 2011 No. 11 and punishable under Section 15 of the same Act.”
At the resumed sitting yesterday, counsel to the first defendant (Ogunbodede), Tunde Oluponna, brought an application challenging the jurisdiction of the court to entertain the matter and urging the court to strike it out.
According to Oluponna, since the Independent Corrupt Practices and other related Offences Commission (ICPC) had instituted a case against the accused before an Oyo State High Court of the same offences, it amounted to abuse of court processes for EFCC to institute another charge against the accused persons before the court.
But the EFCC Prosecutor, Rotimi Oyedepo, opposed the application, saying the chargess for which the accused are standing trial before the High Court is different from the ones brought against them by the ICPC.
Describing the application as un-meritorious, Oyedepo urged the court to dismiss it, as according to him, Exhibit EA01 before the court shows clearly that the applicants were not charged with money laundering in the case pending before the state high court.
After listening to the arguments of the counsel, Justice Emmanuel adjourned the case till September 28 for ruling on the application.