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Tag: Money laundering

Money laundering: Court directs Fani-Kayode to take his plea

Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos on Monday directed a former Minister of Aviation, Chief Femi Fani-Kayode, to take his plea in the money laundering charges brought against him by the Economic and Financial Crimes Commission (EFCC).

Ruling on an objection raised by his lawyer Mr. Ifedayo Adedipe (SAN), the judge said the charge is valid.

Justice Ofili-Ajumogobia fixed March 5 for Fani-Kayode’s re-arraignment on an amended 40-count charges.

Adedipe had raised the objection when EFCC prosecutor Mr. Festus Keyamo, sought to re-arraign the former minister.

After count-one was read, Adedipe said the charge was invalid as the facts were incomplete.

The charge, he said, stated that Fani-Kayode “accepted cash payments”, but did not specify who gave him the money.

Adedipe said his objection was based on Section 167 of the Criminal Procedure Act.

“The accused person is alleged to have received money from a nameless, anonymous person. We have to know the person so we can know who to address. As it is, the charge is vague.

“They alleged that he ‘accepted’. When you accuse somebody of accepting money, clearly the person from whom the money was accepted becomes important.

“The other charges there… one of them accused him of having his wife pay money into his account. These charges cannot be valid,” he said.

But Keyamo said the argument that the giver of the money in a charge of money laundering must be disclosed makes utter nonsense of the very essence of the law prohibiting money laundering.

This, he said, is because money laundering is a crime that seeks to obliterate the very source of large sums of money found on people.

“It, therefore, follows that the concealment of the giver of the money which is subject to investigation by an accused person cannot defeat a charge of money laundering.

“If we accept the argument of defence, it means that all an accused person can do to defeat the effort of the prosecution is to refuse to disclose from where he derives any large sum of money found on him.

“That will be preposterous and will defeat the object of the law,” Keyamo argued.

February 10, 2014
Court reserves ruling on charge against Fani-Kayode

A Federal High Court in Lagos on Monday fixed February 10 for ruling on the competence of a criminal charge brought Femi Fani-Kayode, charged with money laundering.

Fani-Kayode, a former Aviation Minister, is standing trial on an amended 47-count charge bordering on money laundering.

When the case was called on Monday, Justice Rita Ofili-Ajumogobia said she would deliver her ruling on a future date because counsel in the suit had filed their written submissions out of time.

The judge said she required time to rule on the issue and fixed February 10.

The News Agency of Nigeria (NAN) reports that at the last adjourned date on January 27, the prosecutor, Mr. Festus Keyamo, had informed the court of an amended charge, containing 40 counts and applied that the plea of the accused be taken.

After count-one was read to the accused, his counsel, Mr. Ifedayo Adedipe (SAN), raised an objection, arguing that the accused could plead to the charge since it was invalid.

Adedipe argued that count one stated that the accused, “accepted cash payments of over N10 million,” without stating the donor of the said money.

He stated that it was alleged throughout the charge, that the accused “accepted various sums of money, without mentioning the names of the person from whom the monies were received.

Adedipe therefore, submitted that the charge was invalid, “persecutory and oppressive.”

February 3, 2014
EFCC files amended charge against Fani-Kayode

The Economic and Financial Crimes Commission (EFCC) on Monday filed an amended money laundering charge against a former Minister of Aviation, Femi Fani-Kayode, at a Federal High Court in Lagos.
At the resumed hearing of the case, the Prosecutor, Mr. Festus Keyamo, informed the court of the amended charge containing 40 counts and applied that the plea of the accused be taken.
After first count was read to the accused, his counsel, Mr. Ifedayo Adedipe (SAN), raised an objection that the charge was invalid and his client could not plead to it.
Adedipe argued that the count stated that the accused “accepted cash payments of over N10 million,” without stating the donor of the said money.
He said it was alleged throughout the charge that the accused “accepted various sums of money,” without mentioning the names of the persons from whom they were received.
The counsel submitted that the charge was “invalid, persecutory and oppressive.”
Keyamo, in response, argued that the charge bordered on money laundering in which monies involved had no source as opposed to conversion or stealing where there was a particular source.
He submitted that he was prepared to file a written address on the issue.
Justice Rita Ofili-Ajumogobia, in a short ruling, said that both parties were at liberty to either file written addresses or address the court orally on the issue.
The News Agency of Nigeria reports that she adjourned the case to February 3 for ruling.
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January 27, 2014
Banks get marching orders on money laundering

The Central Bank of Nigeria (CBN) has reviewed its Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) plans.

In a letter to all banks and other financial institutions, CBN directed that money laundering issues be reported to its AML/CFT Division in its Banking Supervision and Other Financial Institutions Supervision Departments.

This, it said, followed the establishment of the AML/CFT division in those departments.

The letter titled: ‘Re: Rendition of AML/CFT Returns to CBN’ was signed by Duniya Y.B., on behalf of the Director, Financial Policy and Regulation Department, CBN.

“Following the establishment of AML/CFT Division in Banking Supervision Department (BSD) and Other Financial Institutions Supervision Department (OFISD) of the Central Bank of Nigeria (CBN), the AML/CFT off-site activities (hitherto carried out by its Financial Policy Regulation Department –FPRD) will now be undertaken by these departments. With effect from January 31, 2014, all deposit money banks, merchant banks and discount houses are required to render their AML/CFT returns to BSD while other financial institutions should render same to OFISD,” it said.

The Financial Action Task Force (FATF) had in October, last year, removed Nigeria from the list of countries identified as jurisdictions with significant deficiencies in their AML/CFT regimes.

The body said Nigeria had taken the right steps including the establishment of legal and regulatory framework that will assist it meet its anti-money laundering initiatives.

“The FATF welcomes Nigeria’s significant progress in improving its AML/CFT regime and notes that Nigeria has established the legal and regulatory framework to meet its commitments in its Action Plan regarding the strategic deficiencies that the FATF had identified in February 2010. Nigeria is, therefore, no longer subject to FATF’s monitoring process under its on-going global AML/CFT compliance process,” it said.

January 1, 2014
Ex-council chair sentenced to six months for money laundering

A former chairman of Adavi Local Government in Kogi State, Enesi Jimoh Sulaimon was yesterday sentenced to six months imprisonment for converting N7million belonging to the council to personal use.

Justice Inyang Ekwo of a Federal High Court, Lokoja, said the sentence was without an option of fine and would begin yesterday.

Sulaimon, who is also a former commissioner shed tears when the judge pronounced the judgement after which he was marched into a blackmaria that took him to prison.

The Economic and Financial Crimes Commission (EFCC) had preferred a one count charge bothering on money laundering against the former council chairman.

The anti-graft agency said the offence was contrary and punishable under Section 14(1) of the Money Laundering Prohibition Act 2004.

During the trial that lasted two years, the prosecution, led by Chief Wahab Shittu called two witnesses.

The defence, led by Mr. Agunbiade on the other hand, called four witnesses.

Justice Ekwo described corruption as a very serious vice which should be discouraged not just in the public sector but also within the society.

He said that he had to impose the sentence without an option of fine so that it could serve as a deterrent to public officers entrusted with public funds.

November 14, 2013
FG moves to remove Nigeria from money laundering list

The Federal Government on Tuesday constituted a committee to fast-track Nigeria’s removal from the list of countries having issues with the Financial Action Taskforce on Anti-Money laundering/Counter Financing Terrorism regimes.

The committee led by the Vice President Namadi Sambo, during its maiden meeting on Tuesday, pledged to ensure that Nigeria is completely removed from the list.

According to him, President Goodluck Jonathan’s administration believed that Nigeria should not remain on the public statement of the FATF with the measures regarding laws and regulations already put in place.

He said: “I urge you all to work hard towards ensuring that we maintain the integrity of our financial system through effective implementation of laws and regulations against financial improprieties.”

Sambo, therefore directed the immediate sanitisation of the country’s international airports particularly the enforcement of currency regime declaration by travelers.

The Chairman of the Presidential Task Force on FATF, Mr. Stephen Oronsaye, noted that the committee had made considerable inroads in ensuring that Nigeria was removed from the FATF list, particularly in areas of strict implementation of rules and regulations in the financial system.

July 30, 2013
Money laundering: Court fines Lamido’s son

… Convict escapes jail term

The Federal High Court in Kano on Friday declared that Aminu Sule Lamido is guilty of money laundering charge leveled against him by the Economic and Financial Crimes Commission.

But in spite of the conviction by Justice Fatu Riman, the 34-year old son of Jigawa State governor will not serve any prison term.

He is expected to only refund the 25 per cent of the $40,000 allegedly laundered to the Federal Government.

Aminu Lamido will pay $10,000 to government coffers.

According to a statement issued by the Head of Media and Publicity of the EFCC, Mr. Wilson Uwujaren, Justice Riman handed down the conviction having established that the prosecution had proved its case beyond reasonable doubt.

The statement said: “Aminu Sule Lamido, the 34-year old son of Jigawa State governor, Alhaji Sule Lamido, who is being prosecuted by the EFCC for offences bordering on money laundering, was today convicted by Justice Fatu Riman of the Federal High Court, Kano, and ordered to forfeit 25 percent of the undeclared sum of $40,000

“Aminu was arrested on December 11, 2012 at the Mallam Aminu Kano International Airport on his way to Egypt for failure to declare the $50,000 in his possession. He only declared $10,000 to the Nigerian Customs Service.

“When he was arraigned before Justice Riman on Monday February 4, 2013, Aminu pleaded not guilty to the charge and was remanded in prison pending hearing of his application for bail.

“The charge against the accused reads: “that you Aminu Sule Lamido on or about 11th day of December, 2012 at the Mallam Aminu International Airport, Kano within the Jurisdiction of the Federal High Court while transporting in cash, the sum of $50,000 from Nigeria to Cairo, Egypt, falsely declare to the Nigerian Customs the sum of $10,000 (instead of the said sum of $50,000) as required under Section 12 of the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act Cap F34 Laws of the Federation of Nigeria 2004 and Section 2(3) of the Money Laundering (Prohibition) Act, 2011 and thereby committed an offence punishable under section 2(5) of the Money Laundering (Prohibition) Act 2011”.

“At the resumed hearing on February 5, 2013, Justice Riman granted the accused person bail in the sum of N8million and two sureties in like sum.

”In the course of trial, which got underway April 19, 2013, the prosecution called four witnesses and tendered documents which were admitted as exhibits.

“One of its witnesses, Sanusi Ahmed who is an operative of the EFCC, told the court that the accused person only registered $10,000 in the Nigerian Customs Declaration Form only for a search to reveal that he had $50,000 on him.”

July 12, 2013
Money laundering: Ikuforiji, Atoyebi to be re-arraigned June 24

A Federal High Court in Lagos on Monday fixed June 24, for re-arraignment of Speaker Adeyemi Ikuforiji of the Lagos State House of Assembly over alleged laundering of N7.7 million.

Ikuforiji is standing trial along with his Personal Assistant, Oyebode Atoyebi.

The duo will be re-arraigned following the retirement of Justice Okechukwu Okeke who was handling the case.

Their re-arraignment was stalled on Monday due to the absence of the accused.

The Economic and Financial Crimes Commission (EFCC) arraigned them before Okeke on March 1, 2012, on a 20-count charge, bordering on misappropriation and money laundering.

The accused will now appear before Justice Ibrahim Buba.

Defence Counsel, Mr Tayo Oyetibo (SAN), informed the court on Monday that his client was not in court for the re-arraignment because he was not served the charge sheet.

He disclosed that the speaker was out of Nigeria, adding that he did not know that he would be re-arraigned because the charge sheet was not given to him.

The court, therefore, adjourned the case, and ordered the Prosecutor, Mr Godwin Obla, to properly serve the court processes on the accused.

The News Agency of Nigeria (NAN) reports that Okeke had adjourned the trial indefinitely midway, following Obla’s withdrawal from the case.

The EFCC accused the speaker and his aide of conspiring to accept N273.3 million from the House of Assembly without going through a financial institution.

Ikuforiji was also accused of using his position to misappropriate about N500 million belonging to the assembly.

The EFCC said that the accused committed the offences between April 2010 and July 2011, in contravention of Section 18 (a) of the Money Laundering (Prohibition) Act, 2011.

Both of the accused had, however, pleaded not guilty to the charges.

Okeke had granted Ikuforiji bail on self recognition, and admitted his aide to bail with the Clerk of the House as the surety.

June 10, 2013
Sylva loses bids to quash charges

Former Bayelsa State Governor, Timipre Sylva, on Thursday lost in his bid to stop the ongoing trial on alleged money laundering.

A Federal High Court in Abuja refused his prayer that the charges against him be quashed. The court also turned down his prayer for permission to be allowed to accompany his wife on a foreign trip.

Justice Adamu Bello, in separate rulings, dismissed two motions filed to that effect by Sylva, for lacking in merit.

Sylva had, in the first motion filed in June last year, urged the court to quash the six-count charge against him on the grounds that no evidence in the proof of evidence linked him to the offences alleged; that the proof of evidence did not disclose a prima facie case against him; that the charge is frivolous, unconstitutional and amounted to an abuse of court process.

He had, in the second motion filed in April, sought the court’s leave to accompany his wife on a medical trip abroad. He had said his wife was due for an urgent surgery in London and needed his company.

Refusing the first motion, the judge held that it was premature for Sylva to contend that the charge was frivolous and that there was no evidence linking him with the offences alleged.

The judge, relying on the Court of Appeal decision in the case of Alamieyeseigha vs the Federal Government reported in 2006, 16 NWLR part 1004, held that there was a distinction between the summary trial conducted by the Federal High Court and the trial by information as done in the state High Court.

“Under the summary trial, the question of whether the proof of evidence is sufficient could only be determined after the prosecution has closed its case and if a no-case submission made by the defence, it is then the court can decide whether or not a prima facie case is established, not before,” the judge held.

Justice Bello further held that the summary trial procedure is constitutional, but that the procedure that is not constitutional was that adopted by the accused person because, by his motion, he sought to prevent the prosecution from proving its case against him.

May 30, 2013
EFCC re-arraigns Nnamani for alleged money laundering

A former Enugu State Governor, Chimaroke Nnamani, was on Thursday re-arraigned before a Federal High Court, Lagos, for alleged money laundering.

Nnamani, his former aide, Sunday Anyaogu, and seven companies, were re-arraigned on an amended 105-count charge by the Economic and Financial Crimes Commission.

The companies are: Rainbownet (Nig) Limited, Hillgate (Nig) Limited, Cosmos Fm, Capital City Automobile (Nig) Limited, Renaissance University Teaching Hospital and Mea Mater Elizabeth High School.

They pleaded not guilty to the charges.

The re-arraignment was sequel to the transfer of the case to a new judge following the transfer of Justice Charles Archibong, from the Lagos Division.

Justice Mohammed Yunusa becomes the third judge to handle the matter after Archibong. The first was Justice Tijani Abubakar.

After the re-arraignment, their Counsel, Mr. Riky Tarfa (SAN), urged the court to allow his clients to continue with their earlier bail granted by Justice Archibong.

Yunusa upheld Tarfa’s plea and adjourned the case to May 28, for hearing.

The News Agency of Nigeria recalls that the accused persons were first arraigned in 2007.

March 7, 2013