Justice Mohammed Idris of the Federal High Court in Lagos yesterday refused to strike out the money laundering charge filed against former Abia State Governor Orji Uzor Kalu.
The Economic and Financial Crimes Commission (EFCC) re-arraigned Kalu along with Udeh Udeogu and Slok Nigeria Limited on 34 counts of diverting N3.2 billion Abia State funds.
They were first re-arraigned on September 27 before Justice Anwuri Chikere of the court’s Abuja division after the case got to the Supreme Court on interlocutory appeal, following Kalu’s first arraignment in 2007.
Trial was billed to resume yesterday before Justice Idris, but prosecution counsel, Adebisi Adeniyi, got to court late.
Defence counsel Prof Awah Kalu (SAN) and Solo Agumah (SAN), who got to court before Adebisi, urged the judge to strike out the case for lack of diligent prosecution.
They said they came from Abuja for the case, adding that if EFCC was serious, the prosecution counsel ought to have been in court on time.
Justice Idris said it was true that the defendants were re-arraigned on October 31, following which the case was adjourned to yesterday for trial.
He condemned the prosecution’s absence.
His words: “The defendants are here and they are represented by counsel, fully prepared for trial. The court is ready to proceed with the trial in line with the intent and spirit of the Administration of Criminal Justice Act (ACJA).
“The prosecution is absent, not represented by counsel, and there is no explanation whatsoever as to their absence in court this afternoon. This is unacceptable and highly detestable.
“No reasonable excuse has been put forward for the non-appearance of the prosecution team. This is an unacceptable conduct and one that will not be condoned by this court.
“This is a court of law and one of justice; such attitude towards the prosecution of cases, especially by the prosecution, will not be tolerated.
“Having looked at the case, being a transferred matter and being the second time the matter would be mentioned in court, and the first time to be called for trial, I shall, in the circumstances and in the interest of justice, exercise my discretion pursuant to the provision of Section 351(2) and adjourn the matter for trial.
“This will be the last of such adjournment in situations such as this. In the interest of justice, I shall direct a fresh date be taken for trial to commence.”
As the judge was about to adjourn, the prosecution counsel walked in. He said he was held up in traffic having gone to fetch a prosecution witness, who eventually could not make it.
Adebisi disagreed with the defence counsel’s demand that EFCC should notify them of any witnesses the prosecution intends to call.
Kalu and Akuma said knowing which witness was coming to testify ahead would enable them prepare for their cross-examination in order to speed up the case rather than asking for an adjournment.
But Adebisi rejected the request, saying: “There is need to protect the witnesses. How are we sure the witnesses will not be interfered with? This application has no precedent and no basis in law.”
Justice Idris said he would not make any order that EFCC should formally notify the defence of witnesses it intends to call.
“It should be informal between parties. I’ll encourage parties to communicate with each other and pass such information to ensure the trial goes on smoothly and speedily. We’re all practising law and there should be no bitterness,” he said.
Kalu and his co-accused allegedly diverted about N3.2 billion from the Abia’s treasury while he was the governor.
The former governor was said to have allegedly diverted the funds in tranches of N200 million, N50 million, N200 million, N300.8 million, N545 million, N429million, N288.4million, N190million, N157million, N152.8million, N100 million, N84 million and N50 million between August 13, 2003 and January 12, 2005.
The offence is said to be contrary to Section 17 (c) of the Money Laundering (Prohibition) Act 2003 and punishable under Section 16 of the same Act.
The EFCC accused Slok Nigeria Limited of conniving with one Emeka Abone, said to be at large, to help Kalu retain the allegedly stolen funds in its accounts.
The prosecution said Slok “knew or at least suspected the said Orji Uzor Kalu to have engaged in a criminal conduct.”
Udeogu was accused of helping Kalu to pay part of the allegedly stolen funds into Slok’s account with the defunct FinBank Plc.
They were alleged to have utilised Manny Bank (now Fidelity Bank Plc), Spring Bank Plc, the defunct Standard Trust Bank and FinBank, now First City Monument Bank (FCMB) to divert the funds.
Justice Idris adjourned to March 6 to 10 and April 10 to 13 next year for trial.
Tag: Money laundering
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Court refuses to strike out money laundering charges against Kalu
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Alleged N21b money laundering: Ex-Air chief asks court to disqualify witness
A former Chief of Air Staff, Air Marshal Adesola Amosu (rtd), yesterday asked the Federal High Court in Lagos to disqualify a prosecution witness, Owobo Tosin, from giving evidence in his trial.
The Economic and Financial Crimes Commission (EFCC) on June 29 arraigned Amosu along with a former Chief of Accounts and Budgeting at the Nigeria Air Force, Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget, Air Commodore Olugbenga Gbadebo.
Companies arraigned with them are Delfina Oil and Gas Ltd, Mcallan Oil And Gas Ltd, Hebron Housing and Properties Company Ltd, Trapezites BDC, Fonds and Pricey Ltd, Deegee Oil and Gas Ltd, Timsegg Investment Ltd and Solomon Healthcare Ltd.
EFCC accused them of converting N21billion from the Nigeria Air Force around March 5, 2014 in Lagos.
At the trial yesterday, prosecution counsel Rotimi Oyedepo sought to lead the witness, an investigative officer with the commission, in evidence.
But Amosu’s lawyer, Chief Bolaji Ayorinde (SAN), objected to EFCC’s alleged refusal to attach the witness’ statement to the proof of evidence.
He said the witness would only be competent to give evidence when copies of his statement were served on the defendants by the EFCC.
Citing Section 379 of the Administration of Criminal Justice Act (ACJA) 2015, Ayorinde said it was mandatory for any witness, who is to give evidence to have a statement.
He urged the court to disqualify the witness from testifying in the matter. Other defence counsel concurred.
Oyedepo, however, urged the court to refuse the application and allow the witness to continue with his evidence.
Citing Section 175 of the Evidence Act, he maintained a witness could only be disqualified when he cannot understand questions.
He said the proof of evidence served on the defence in June substantially complied with the ACJA 2015.
He added that it was wrong to ask for the statement of an investigative officer because he was merely investigating a crime.
Amosu, charged with laundering N21billion, was said to have returned N2.6 billion to the Federal Government, but a plea bargain proposal he made to the EFCC broke down.
The defendants were accused of using the companies to convert and conceal the money.
Amosu and Adigun were said to have, between July 17 and September 16, 2014, allegedly removed over N663.4 million from the Nigerian Air Force accounts to purchase properties at 50-52 Tenterden Grove, London (NW4 1TH) and at 93B Shirehall Park, London NW4 2QU, United Kingdom.
They were accused of buying 40A, Bourdillon, Ikoyi, with N900 million and a property at Sinari Daranijo in Victoria Island with N1.5 billion.
EFCC said they also bought a property named as Cappadol Mall at Adetokunbo Ademola Street, Wuse II Abuja, for N750 million, as well as a property worth over N1.7 billion at Agobogba Street, Parkview, Ikoyi Lagos, using the Air Force’s money.
Other properties they allegedly bought using Air Force’s funds include one at Salt Lake Street, Maitama, Abuja; one at Agadez Street off Aminu Kano Crescent, Abuja; 61A, Lake Chad Street, Maitama, Abuja; and one at 1, River Street, Wuse II Abuja, using alleged stolen funds.
Between last March 6 and April 30, the accused allegedly used N428,139,539.00 removed from the accounts of the Nigerian Air Force to renovate and purchase medical equipment for Solomon HealthCare Ltd situate at 24, Adeniyi Jones Street, Ikeja Lagos.
Justice Idris will run on Amosu’s application today.
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EFCC arraigns Dasuki’s aide, others for N36bn fraud
The Economic and Financial Crimes Commission (EFCC) on Wednesday arraigned Col. Nicholas Ashinze, a former Special Assistant to the embattled ex-National Security Adviser, Col. Sambo Dasuki, for money laundering.
Ashinze was docked along with an Austrian, Wolfgang Reinl, and two others, Edidiong Idiong and Sagir Mohammed, in a Federal High Court, Abuja.
A statement by EFCC’s spokesman, Mr Wilson Uwujaren, said the accused were arraigned on a 13-count charge of corruption and money laundering to the tune of N36.8 billion.
The defendants are standing trial alongside five companies accused of diverting huge sums from the office of the NSA under Dasuki.
“The companies are Geonel Integrated Services Limited, Unity Continental Nigeria Limited, Helpline Organization, Vibrant Resource Limited and Sologic Integrated Services Limited.
“In one of the charges, the EFCC alleges that Ashinze and Reinl, who is the Managing Director of Geonel Integrated Services Limited, transferred N550 million to Edidiong Idiong, a lawyer.
“The transfer was made on April 22, 2014 in violation of Section 15 (2) (b) of the Money Laundering (Prohibition) Act 2011.”
The defendants pleaded not guilty to all the charges preferred against them, the statement said.
Counsel to EFCC, I. O. Uket, expressed the commission’s readiness to immediately begin prosecution of the accused, saying that he had the witnesses present in court.
“If the court is ready, we are also ready to produce our first witness as we have our witnesses in court,’’ he reportedly told the court.
But Ashinze’s counsel, Ernest Nwoye, told the court that he had a pending application for the bail of his client.
He urged the court to grant the defendant bail on self recognition having earlier been admitted to bail by an FCT High Court.
Afam Osigwe, counsel representing the second and fifth defendants, also prayed the court to admit Reinl to bail.
He stated that Reinl had been enjoying administrative bail from the EFCC since February, adding that his travel documents were with the commission.
Counsel to Idiong, Paul Erokoro SAN said his client being a legal practitioner knew what it meant to jump bail.
Erokoro stated that besides being granted bail earlier by an FCT High Court, his client had always made himself available to the EFCC.
Similarly, counsel to Mohammed, N. Jimoh, prayed the court to grant his client bail, saying he had a health challenge which he had been managing for close to 40 years.
Responding, Uket argued that the defendants lost their administrative bail the moment their matter was charged to court.
Ruling on the applications, Justice Gabriel Kolawole held that the charges were all “bailable’’.
The judge said that the case would be granted accelerated hearing and urged the prosecution to pick five days in the New Year for trial.
Consequently, the case was adjourned till Jan. 23, Feb. 1 and Feb.14, March 7 and March 21,Uwujaren quoted the statement as saying. (NAN)
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Money laundering: Judge jails senior lawyer for four years
A judge of the Federal High Court in Kano, Justice Fatu Riman, has sentenced one Yakubu Mohammed Na-Allah, a senior lawyer, to four years imprisonment without an option of fine for N50 million laundering.
The convict was arraigned by the Economic and Financial Crimes Commission (EFCC) on January 14, 2013, on a two-count charge of money laundering.
According to a statement by the Head of Media and Publicity of EFCC, Mr. Wilson Uwujaren, the convict pleaded not guilty upon arraignment.
The statement said: “Subsequently, trial commenced on June 26, 2013, in which the prosecution called seven witnesses and tendered 15 exhibits.
“On February 1, 2013, the properties of the convict were attached by the EFCC following an interim forfeiture order issued by the same court.
“Na-Allah’s journey to prison started when the commission received a petition that the 68-year-old Kano Lawyer, allegedly duped two of his clients of N50million.
“The cash was part of the money recovered for his client in a case they filed against the Ministry of Solid Minerals, where the convict represented them.
“The petition alleged that the convict, after winning the case and the sum of N90,000,000 recovered, he gave his client only N30,000,000 and converted the rest of the money to his personal use.
“However, investigation by the EFCC revealed that the convict used part of the proceeds to acquire a palatial mansion in Sharada area of Kano.
In his judgment, Justice Riman ruled that the prosecution has proved its case beyond reasonable doubt and subsequently convicted Na-Allah.
Prosecution counsel M.S Abubakar urged the court to consider the forfeiture of properties acquired by the convict with the proceeds of his crime.
Justice Riman sentenced the convict to serve two years imprisonment on each of the two count charge and also ordered that the attached property of the convict worth N50 million at the time it was purchased be forfeited to the Federal Government.
The sentences are to run concurrently.
The EFCC yesterday secured the conviction of two former First Bank workers, Mukhtar Ali Tofa and Yusuf Tafida, before Justice Fatu Riman of the Federal High Court, Kano on one-count charge of financial malpractice.
The convicts were arraigned by the EFCC on February 7, 2014 alongside one Ibrahim Sale Ali Nagero, who upon arraignment pleaded guilty and was immediately convicted and sentenced to two years imprisonment.
The convicts alongside one Aminu Magashi, who was discharged and acquitted today, pleaded not guilty to the one-count charge preferred against them.
The convicts’ ordeal started when their employer wrote a petition to EFCC that the first defendant, Nagero, obtained a loan facility in the sum of N36,000,000 by forging the signature of his father and three of their staff, Mukhtar Ali Tofa, Yusuf Tafida and Aminu A. Magashi.
Investigation by the EFCC revealed that the three First Bank’s worker processed the loan without due diligence, which is an offence contrary to section 15(2)(a) of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Act Cap F2 Laws of the Federation of Nigeria, 2004 and punishable under section 16(1)(a) of the same Act.
In the judgment, Justice Riman found the evidence of the prosecution witnesses credible and held that the prosecution had proved the ingredients of the charge against the third and fourth defendants, Tofa and Tafida, beyond reasonable doubt and subsequently convicted them.
The fifth defendant, Magashi, was discharged and acquitted because, according to Justice Riman, the prosecution failed to prove the case against him.
The two convicts were sentenced to one year imprisonment with option of N200,000 fine.
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Money laundering: Magu seeks severe punishment for offenders
Economic and Financial Crimes Commission (EFCC) Chairman Ibrahim Magu has expressed displeasure with the seven-year term of imprisonment in the Money Laundering Act.
According to him, the punishment should have been more severe.
“The enforcement and compliant with Money Laundering Act is one of the best in Africa. But I’m not very comfortable with the seven-year imprisonment spelt out in the Act. We should have a more severe punishment,” Magu said.
He spoke yesterday at a one-day seminar organised by the Lagos State University (LASU) Faculty of Management Sciences at the university campus. It was themed: “Money laundering and its impact in Nigeria”.
Magu said the commission would not spare professionals, who aided some top civil servants and politicians to loot the nation’s treasury.
He said some bankers, lawyers and accountants behind the stealing of trillions of Naira would be put on trial.
He expressed regrets that corruption is on the increase in the public sector.
He said about 1,578 cases of money laundering and embezzlement were recorded in the public sector between 2012 and 2013.
He said by 2014, diversion of public funds offences made up 60 per cent of public sector corruption and money laundering cases investigated by the commission.
He said: “Over the last one year, investigation and prosecution activities have been stepped up by the commission. We have trained our spotlight on a number of high profile corrupt public servants and politicians.
He added: “In 2012, the Commission investigated 700 public sector corruption and money laundering cases representing 25.91% of the total cases investigated by the commission in that year.
“The year 2013 witnessed a sharp increase with abuse of office, embezzlement/ extortion and money laundering topping the list.
“Fraud, economic sabotage, abuse of office and tax evasion have remained constantly on the increase.
“Altogether, a total of 878 public sector corruption and money laundering cases were investigated by the commission in 2013, representing 21.66 per cent of all cases investigated in the same period.
“In 2014, diversion of public funds offences made up 60 per cent of public sector corruption and money laundering cases investigated by the commission. Taking all these statistics into consideration, the commission has intensified its monitoring of trade-based money laundering.
“ In 2013, alone the Special Control Unit Against Money Laundering (SCUML) registered 16,447 Designated Non-Financial Institutions (DNFIS), a tremendous increase from the 1,042 registered in 2012.
“The effect has been to open a new front in the war against money laundering activities in the country.”
Vice Chancellor of LASU Professor Lanre Fagbohun thanked Magu for his presence.
“LASU is proud of what you are doing”, he said.
He added that although the challenges which the EFCC faces are numerous, he is proud and confident that the EFCC will overcome.
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Fani-Kayode arraigned for alleged N26m money laundering
Former Minister of Aviation Femi Fani-Kayode was yesterday arraigned before a Federal High Court in Abuja on a five-count of money laundering.
The charge, which has Fani-Kayode as the sole defendant, was filed by the Economic and Financial Crimes Commission (EFCC).
He was alleged to have received through his police aide, one Victor Ehiabhi, the sum of N26 million paid to him by the former Director of Finance and Administration (DFA) in the Office of the National Security Adviser (ONSA), Shuaibu Salisu, on the instruction of the former NSA, Col. Sambo Dasuki (rtd).
Ehiabhi and Salisu, through written statements, admitted paying the money to Fani-Kayode in cash.
The prosecution said Fani-Kayode handled the cash without going through financial institution as required under the Money Laundering Act.
Fani-Kayode, who was the director of Media and Publicity in the campaign organisation of ex-President Goodluck Jonathan, is standing trial on a 17-count charge of money laundering before a Federal High Court in Lagos.
He is being tried in Lagos with a former Finance Minister, Nenadi Usman, Danjuma Yusuf and a firm, Joint Trust Dimension Nig. Ltd.
They were charged with unlawful retention, unlawful use and unlawful payment of money to the tune of N4.9 billion.
When the five-count charge was read to Fani-Kayode yesterday before the Federal High Court, Abuja, he pleaded not guilty.
Following his not guilty plea, prosecution lawyer, Johnson Ojogbane, asked the court for a date to begin trial.
Defence lawyer Ifedayo Adedipe (SAN) informed the court about the bail application he filed for his client.
Upon the court’s permission, Adedipe moved the application and urged the court to grant his client bail.
He said by the fact the offence for which the defendant is charged, it is bailable.
He said Fani-Kayode has been in EFCC’s custody for 21 days.
“My Lord, I will also like to draw your attention to the fact that the defendant is facing trial before Justice M. S. Hassan in Lagos and he has granted him bail.
“We hereby urge the court to grant the accused bail on self-recognition as he has twice served as a minister to the Federal Republic of Nigeria or in the alternative, grant him bail on liberal terms that will enable him attend his trial”, he prayed.
Ojogbane, while responding, relied on Section 35 (1)(c) and 35 (4)(a) of the Constitution in arguing that “although the defendant has been in custody for 21 days, we are still within the ambits of the law as the arrest and detention was done for the sole purpose of bringing the defendant to court.
“I therefore urge the court to excise its discretion judiciously and judicially in granting the accused bail,” Ojogbane said.
Trial judge, Justice John Tsoho, in his ruling, admitted the defendant to bail at N50million and one surety in like sum.
The judge said the surety must be a resident of the FCT and must have a landed property within the FCT.
He ordered that Fani-Kayode be remanded in prison custody pending the fulfilment of the bail conditions.
Justice Tsoho adjourned to December 14, 2016 for trial.
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Fani-Kayode arraigned again in Abuja for money laundering
Former Minister of Aviation, Femi Fani-Kayode was Thursday arraigned before a Federal High Court in Abuja on a five-count of money laundering.
The charge marked: FHC/ABJ/CR/140/2016, which has Femi Fani Kayode as the sole defendant, was filed by the Economic and Financial Crimes Commission (EFCC).
Fani-Kayode was alleged to have received through his police aid, one Victor Ehiabhi, the cash sum of N26million paid to him by the former Director of Finance and Administration (DFA) of the Office of the National Security Adviser, ONSA, Shuaibu Salisu on the instruction of the former NSA, Col. Sambo Dasuki (rtd).
Ehiabhi and Salisu had through written statements, admitted paying the money to Fani-Kayode in cash.
The prosecution said Fani-Kayode handled the cash without going through financial institution as required under the Money Laundering Act.
Fani-Kayode, who was the Director of Media and Publicity in the campaign organisation of ex-President Goodluck Jonathan, is already standing trial on a 17-count charge of money laundering before a Federal High Court in Lagos.
He is being tried in Lagos with a former Finance Minister, Nenadi Usman, Danjuma Yusuf and a firm, Joint Trust Dimension Nig. Ltd.
They are charged with unlawful retention, unlawful use and unlawful payment of money to the tune of N4.9 billion on the defendants.
When the five-count charge was read to Fani-Kayode yesterday before the Federal High Court, Abuja, he pleaded not guilty.
Following his not guilty plea, prosecution lawyer, Johnson Ojogbane, asked the court for a date to commence trial.
Defence lawyer, Ifedayo Adedipe (SAN) informed the court about the bail application he filed for his client.
Upon the court’s permission, Adedipe moved the application and urged the court to grant his client bail.
He said by the fact the offence for which the defendant is charged, it is bailable. He said Fani-Kayode has been in EFCC’s custody for 21 days.
“My Lord, I will also like to draw your attention to the fact that the defendant is facing trial before Justice M. S. Hassan in Lagos and he has granted him bail.
“We hereby urge the court to grant the accused bail on self-recognition as he has twice served as a Minister to the Federal Republic of Nigeria or in the alternative, grant him bail on liberal terms that will enable him attend his trial”, he prayed.
Ojogbane, while responding, relied on Section 35 (1)(c) and 35 (4)(a) of the Constitution in arguing that “although the defendant has been in custody for 21 days, we are still within the ambits of the law as the arrest and detention was done for the sole purpose of bringing the defendant to court.
“I therefore urge the court to excise its discretion judiciously and judicially in granting the accused bail,” Ojogbane said.
Trial judge, Justice John Tsoho, in his ruling, admitted the defendant to bail at N50million and one surety in like sum.
The judge said the surety must be a resident of the FCT and must have a landed property within the FCT.
He ordered that Fani-Kayode be remanded in prison custody pending the fulfilment of the bail conditions.
Justice Tsoho adjourned to December 14, 2016 for trial.
The charge reads:
Court one
That you Chief Femi Fani-Kayode on or about the day of 24 November, 2014 in Abuja within the jurisdiction of this honourable court directly took possession or control of the sum of N26,000,000.00 (twenty six million) paid through one Victor Ehiabhi by one Salisu Shuaibu, who was then the Director of Finance and Administration on the instruction of Col. Mohammed Dasuki Former National Security Adviser purporting the money to be payment for contract when you reasonably ought to have known that the said fund formed of the proceeds of an part unlawful activity of Col. Mohammed Sambo Dasuki and Shuaibu Salisu (to wit: criminal breach of trust and corrupt and thereby committed an offence to Section 15(2), (d) of the contrary Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under section 158 of the same Act.
Count two
That you chief Femi Fani-Kayode or about the 24th day of on November, 2014 in Abuja within the jurisdiction of this honourable court directly converted the sum of N26,000,000:00 (twenty six million naira only which was paid to you in cash sum from the office of the National security Adviser(ONSA) purporting same to be payment for media campaign for the Federal Government of Nigeria and the Office of the President when reasonably ought to have known that the said funds you formed part of the proceeds of an unlawful activity (To wit: Criminal breach of trust and corruption) of Col. Mohammed Sambo Dasuki (rtd) the then National Security Adviser and salisu Shuaibu the then Director of Finance and Administration and you thereby committed an offence contrary to section 15(2) (b) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under section 159 of the same Act.
Count three
That you Chief Femi Fam-Kayode on or about the 24th day of November, 2014 in Abuja within the jurisdiction of this honourable count did retain the of N26,000,000.00 (twenty sum six million naira purporting same to be payment for media campaign on behalf of the Federal Government of Nigeria and the office of the President when you reasonable ought to have known that such fund directly represented the proceeds of unlawful activity of Col. Mohammed Sambo Dasuki (rtd) the then National Security Adviser and Shuaibu Salisu the then Director of Finance and Administration office of the National security Adviser (to wit: Criminal breach of trust and corruption and you thereby committed an offence contrary to section 17 (b) of the Money Laundering Prohibition) Act 2011 as amended in 2012 and punishable under section (17) (b) of the same Act
Count four
That you Chief Femi Fani-Kayode on or about the 24th day of you November, 2014 in Abuja within the jurisdiction of this Honourable Court having reason to know that the sum of N26,000,000.00 (twenty six million naira directly represented the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (rtd) the then National Security Adviser and Shuaibu Salisu the then Director of Finance and Administration (to wit: Criminal breach of trust and corruption) in respect of the said amount used the said fund for media campaign activities and other personal purposes and you thereby committed an offence contrary to section 15(2) (d) of the Money Laundering (Prohibition Act 2011 as amended in 2012 and punishable under section 15(3) and 9 of the same Act.
Count five
That you Chief Femi Fam-Kayode on or about the 24th day of November, 2014 in Abuja within the jurisdiction of this Honourable Court did accept cash payment valued at N26,000,000.00 (twenty six million Naira from the office of the National Security Adviser through one Victor Ehiabhi your security detail which sum was over and above the required threshold for cash payments and thereby committed an you offence contrary to section la of the Money Laundering (Prohibition) Act 2011 amended in 2012 and punishable under as 16(1)(a) of the same Act.
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‘Money laundering’: Diezani back in London court March
FORMER Petroleum Minister Mrs. Diezani Alison-Madueke and her mother Beatrice Agama have been told by a London court that they may still have a case to answer regarding the £27,000 money laundering and bribery allegation made against her by the United Kingdom’s National Crime Agency (NCA).
The ex-minister, who was first arraigned at the Westminster Magistrate’s Court in October last year, would have to return again in March on the request of the NCA for another six months to give the agency more time to tighten its case.
With the March date, it is the third time in one year that Mrs. Alison-Madueke and others would be invited.
The former minister, her mother (the lead suspect); son Ugonna Madueke, family friend Ms Melanie Spencer, wife of a Ghanaian oil tycoon, Kevin Okyere and one of her siblings are all on the radar of the UK crime agency.
It is typical of the NCA, drawing its authority from the Proceeds of Crime Act, to ask for more time for its investigations to build a strong case.
The Proceeds of Crime Act says: “The Proceeds of Crime Act 2002 (POCA) sets out the legislative scheme for the recovery of criminal assets with criminal confiscation being the most commonly used power.”
Confiscation occurs after a conviction has taken place. Other means of recovering the proceeds of crime, which do not require a conviction, are provided for in the Act, namely civil recovery, cash seizure and taxation powers.
The investigation is now global, extending to Nigeria and Switzerland, where billionaire businessman Kola Aluko was questioned and his home raided on the request of the NCA.
Aluko, who has Swiss nationality and owns Atlantic Energy, did some oil deals with Nigerian National Petroleum Corporation (NNPC) when Mrs. Alison-Madueke was in charge.
He is believed to be a key figure in the money laundering network.
Atlantic Energy signed a lucrative strategic alliance in 2011 with NNPC under Mrs. Alison-Madueke, giving it the right to sell oil from four big blocks on behalf of Nigeria.
Before the oil price crashed, Aluko said the commercial value of the contract was estimated at $7 billion.
Aluko confirmed to the Sunday Times of London last year that he was under a probe on potential violations of the United Kingdom Proceeds of Crime Act and Bribery Act. But he professed his innocence.
He said: “I am willing to co-operate with anybody. I have nothing to hide.”
The businessman added that he paid the rent on a flat in St John’s Wood in London for Mrs. Alison-Madueke’s mother, “as well as bringing her hams, sausages and orchids”.
Beatrice, Mrs. Alison-Madueke, son and others involved in the laundering and bribery allegation risk losing the £27,000 in contention and jail term, if the charges were proven against them in court.
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EFCC re-arrests Fani-Kayode as N4.9b laundering trial begins
The Economic and Financial Crimes Commission (EFCC) Friday picked up former Minister of Aviation, Mr. Femi Fani-Kayode within the premises of the Federal High Court, Lagos.
Fani-Kayode was stopped by three EFCC operatives at about 1:55pm just as he stepped out of Justice Muslim Sule Hassan’s court where he and four others were on trial on a N4.9 billion money laundering charge leveled against them by the commission.
The operatives, one dressed in white kaftan and the others in black suits, flanked his sides, and requested that he followed them to the commission but allowed him to speak to the press, where he confirmed the arrest.
“The Economic and Financial Crimes Commission has re-arrested me on a matter touching on, I believe, a case in Abuja, which we have already acknowledged the fact that the matter is for November 10, and my lawyers have appeared in court.
“The court is seized of the matter and my lawyers have undertaken to produce me in court. They have written a letter which has been acknowledged by the EFCC, saying I’ll be in Abuja to answer to those charges on November 10,” Fani-Kayode said.
He was then led to a white Toyota Hiace bus which had barricaded the court’s gate and driven away.
Earlier, the EFCC opened its case against the former Director of Media and Publicity of the People’s Democratic Party (PDP) Campaign Organisation of ex-President Goodluck Jonathan.
Fani-Kayode is standing trial alongside a former Minister of Finance, Nenandi Usman, and Danjuma Yusuf, as well as a firm, Joint Trust Dimension Nig. Ltd.
They were arraigned on June 28, on a 17-count charge bordering on unlawful retention, unlawful use and unlawful payment of money in the tune of about N4.9 billion.
They each pleaded not guilty to the charge and were granted bail.
Prosecuting counsel Mr. Rotimi Oyedepo called his first witness, Mr Idowu Olusegun, a media consultant with Paste Posters Company (PPC).
Olusegun testified during evidence-in-chief that he was paid N30million in cash by the PDP campaign organisation, for media consultancy services worth N54 million during the entire period of the electioneering.
The witness said his company got the contract via a proposal letter it wrote on January 28, 2015, to the campaign organisation whose address is at 14B, Samora Michael Avenue, Asokoro, Federal Capital Territory (FCT), Abuja.
After negotiations, his firm printed A2 sized campaign posters at N50 per unit and A4 sized campaign fliers at N20 per unit after which he was invited to the organisation’s office in Abuja and given N30 million in cash.
He told the court that he had demanded to know why payments was made in cash, and was informed by one Mr Oke, that cash was the approved means of payment.
The witness testified further that Mr Oke had been the person communicating with him throughout the pendency of his engagement to do the media jobs, but that he assumed that Mr Oke acted on behalf of second defendant, Fani-Kayode.
Olusegun added that a balance of N24 million was not paid to his company.
After his testimony, the court adjourned till November 14 and 15 for continuation of trial.
Meanwhile, mild drama occurred during trial when Justice Hassan ordered the seizure of Fani-Kayode’s mobile phone after it rang out loud during sitting.
The judge also warned his counsel, Mr. Wale Balogun, after Fani-Kayode was observed sipping a bottle water during proceedings.
The judge warned counsel to seek leaving of court whenever his client needed a drink of water.
“The court is not a market place, there must be order and sanity,” Justice Hassan said.
The defendants, according to the charge, committed the alleged offences between January and March 2015.
In counts one to seven, they were accused of unlawfully retaining over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption.
In counts eight to 14, they were alleged to have unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.
Meanwhile in counts 15 to17 Fani-Kayode and one Olubode Oke, who was said to be at large, were accused of making cash payments of about N30 million, in excess of the amount allowed by law, without going through a financial institution.
Besides, Fani-Kayode was alleged to have made payments to one Paste Poster Co (PPC) of No. 125, Lewis Street, Lagos, in excess of amounts allowed by law.
All offences were said to have contravened Sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money Laundering (Prohibition) (Amendment) Act, 2012.
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Judge’s absence stalls Fani-Kayode, Usman’s money laundering trial
The Federal High Court in Lagos Wednesday adjourned till October 21, the trial of a former Minister of Aviation, Femi Fani-Kayode and former Minister of Finance, Nenandi Usman, following the absence of presiding judge, Justice Sule Hassan.
Justice Hassan was said to be away on official assignment.
Fani-Kayode, a former director of media and publicity, campaign committee of ex-President Goodluck Jonathan and Usman are standing trial for alleged money laundering alongside Mr. Danjuma Yusuf and a firm, Joint Trust Dimension Nig. Ltd.
They were arraigned by the Economic and Financial Crimes Commission (EFCC) on June 28, on a 17-count charge bordering on unlawful retention, unlawful use and unlawful payment of money to the tune of about N4.9 billion.
They each pleaded not guilty to the charge and we’re granted bail.
According to the charge, they committed the alleged offences between January and March 2015.
In counts one to seven, they were accused of unlawfully retaining over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption.
In counts eight to 14, they were alleged to have unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.
Meanwhile in counts 15 to17 Fani-Kayode and one Olubode Oke, who was said to be at large, were accused of making cash payments of about N30 million, in excess of the amount allowed by law, without going through a financial institution.
Besides, Fani-Kayode was alleged to have made payments to one Paste Poster Co (PPC) of No. 125, Lewis Street, Lagos, in excess of amounts allowed by law.
All offences were said to have contravened Sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money Laundering (Prohibition) (Amendment) Act, 2012.