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Tag: Rita Ofili-Ajumogobia

  • EFCC re-arraigns Ofili-Ajumogobia, Obla for alleged corruption

    The Economic and Financial Crimes Commission (EFCC) yesterday re-arraigned a former judge of the Federal High Court, Mrs Rita Ofili-Ajumogobia, and a Senior Advocate of Nigeria (SAN), Godwin Obla, for alleged money laundering.

    Ofili-Ajumogobia and Obla were re-arraigned on 18 counts of conspiracy, unlawful enrichment, retention of crime proceeds and money laundering before Justice Rilwan Aikawa.

    Each defendant pleaded not guilty.

    Following an application by his counsel, Chief Ferdinand Orbih (SAN), Justice Aikawa granted Obla a N10 million bail, among other conditions.

    Ofili-Ajumogobia is already on bail on similar terms, having takeng her plea for the same charge on April 18.

    The EFCC had arraigned the duo on a 30-count charge bordering on corruption before Justice Hakeem Oshodi of an Ikeja High Court.

    During their trial, the 30-count charge was later amended to 31 counts on February 23, last year. Justice Oshodi, on April 16, struck out the charge against Ofili-Ajumogobia and Obla on the ground of a lack of jurisdiction.

    But the former judge was re-arrested by operatives of the anti-graft commission as she made to leave the Ikeja High Court premises.

    The prosecution preferred the same charges against the defendants on April 18 before Justice Aikawa.

    While Ofili-Ajumogobia took her plea, Obla was absent.

    Obla arrived in court yesterday and was re-arraigned alongside Ofili-Ajumogobia.

    They pleaded “not guilty” to each charge.

    Her counsel, Robert Clarke (SAN), and Orbih, announced appearance for both defendants. Prosecution counsel, Mr Rotimi Oyedepo, urged the court to give a trial date, while the defendants would be remanded in custody.

    But Orbih informed the court that Obla’s bail application was filed on April 24, adding that same had been served on prosecution.

    In response, Oyedepo described the bail application as “strange” on the grounds that the charge had not even been served on the defendant before his bail application was filed.

    He said the charge was only served on Obla in court yesterday morning, adding that he could not have filed an application for bail while the charge had not been served on him.

    But Orbih opposed him.

    The lawyer said he got wind of the proceedings in newspapers, following which he approached the court to get a copy of the charge, even before receiving same from prosecution.

    He told the court that the defendant was desirous of attending court and defending the allegations against him, rather than evading.

    Orbih added: “My lord, the defence is a senior member of the Bar; he was called to Bar in 1984. He became a Senior Advocate of Nigeria in 2013. I urge my lord to grant bail on liberal terms.”

    In a bench ruling, Justice Aikawa also granted Obla a bail of N10 million with two sureties, who must be landed property owners in Lagos, in like sum.

    The judge added: “The surety must not be below Grade Level 16 in the federal or state civil service. The defendant must deposit his international passport with the Deputy Chief Registrar of the court. The defendant shall endeavour to fulfil the conditions within 10 days or the bail will be revoked. The defendant shall be released to his lead counsel, Chief Ferdinand Orbih (SAN), pending the expiration of 10 days.”

    Clark also informed the court of a pending motion filed on May 13, challenging the court’s jurisdiction from entertaining the charge.

    He said the substance of the charge had been decided by Justice Oshodi who, he argued, struck out the charge based on the Appeal Court’s decision in Nganjiwa’s case “where it was decided that no judicial officer can be tried unless the NJC has sanctioned such judge. The position is still playing here”.

  • EFCC arraigns dismissed judge Ajumogobia for ‘money laundering’

    The Economic and Financial Crimes Commission (EFCC) Thursday arraigned a dismissed Federal High Court judge, Rita Ofili-Ajumogobia, for alleged money laundering.

    She was charged along with a Senior Advocate of Nigeria (SAN) Godwin Obla, who was absent.

    Justice Rilwan Aikawa issued a summons for him to appear on the day fixed for trial.

    When the case was called for the defendants’ to take their pleas, prosecuting counsel Rotimi Oyedepo said efforts to reach Obla failed.

    He said the SAN’s phones were switched off and that his lawyer could not confirm his whereabouts.

    Oyedepo said: “I can say that the second defendant (Obla) is at large. I called the counsel representing him; he informed me that he could not reach Mr Obla.

    “The commission also took steps to contact him, but we discovered that he switched off his phone.

    “We were not expecting difficulties in producing him in court considering our gesture to him.”

    Only Ofili-Ajumogobia was arrested by EFCC operatives on Tuesday after the Lagos State High Court in Ikeja struck out a previous charge against her and Obla for lack of jurisdiction.

    “Before trial commences, we’ll do our best to produce him,” Oyedepo told Justice Aikawa.

    Read Also: Beware of car thieves’ new tricks, EFCC warns Nigerians

    He urged the court to issue summons for Obla and to allow Ajumogobia to take her plea alone.

    The court granted the prayer and the charges were read to Ofili-Ajumogobia.

    EFCC said she and Obla conspired on May 21, 2014, to indirectly conceal and retain N5million in the Diamond Bank account of Nigel & Colive Ltd.

    According to the commission, they “reasonably ought to have known that the money forms part of proceeds of unlawful act to wit: unlawful enrichment”.

    The alleged offence is contrary to sections 15 (2) (a) and 18 (a) of the Money Laundering Prohibition Act, 2011 and punishable under Section 15 (3).

    Ofili-Ajumogobia was also accused of indirectly concealing N12million in the same account despite knowing that it is a proceed of “unlawful enrichment”, contrary to Section (2) (d) of the Money Laundering Prohibition Act 2011.

    The commission said she indirectly retained $150,000 in her account on May 30, 2013, knowing that it was a proceed of “unlawful enrichment”.

    EFCC said she further retained $20,000 on June 11, 2013; $30,000 on February 11, 2014; $50,000 on March 27, 2014; and another $150,000 on March 29, 2014 in the same Diamond Bank (now Access Bank) account.

    Further, the prosecution said she also illegally retained $70,000 on June 2, 2014; $55,000 on October 14, 2014; $50,000 on November 21, 2014; another $50,000 on December 20, 2014 and $30,000 between June 17 and 19, 2015.

    In Count 17, EFCC alleged that Ajumogobia, on or about June 5, 2012, indirectly retained N18million from Arkleen Oil and Gas Ltd in her account domiciled in Access Bank Plc.

    The commission said she also reasonably ought to have known that the money “forms part of proceeds of unlawful act to wit: unlawful enrichment…”

    In the last count, Ofili-Ajumogobia allegedly made a false statement to an officer that N33million was paid into her account for the purchase of a landed property on Rita Ajumogobia Street, Asaba, Delta State capital.

    The alleged offence of lying to an officer contravenes Section 39 (2) of the EFCC Act.

    After pleading not guilty to the 18-count charge, Ofili-Ajumogobia’s lawyer, Mr Wale Akoni (SAN), urged the court to grant her bail on self-congnisance.

    He said the defendant was a serving judicial officer and that she did not jump bail for once while on trial at the Lagos High Court.

    Oyedepo opposed the application on the basis that Ofili-Ajumogobia had been dismissed by the National Judicial Council (NJC) on corruption related offences.

    But Akoni said Ofili-Ajumogoba remains a judge until President Muhammadu Buhari ratifies the NJC decision.

    “What the NJC does is to recommend someone for dismissal in line with Section 292 (1) (b) of the 1999 Constitution. Until the President acts on the recommendation, she remains a judge. There is no evidence that the President has done so,” Akoni said.

    Ruling, Justice Aikawa held that Ofili-Ajumogobia was entitled to bail since the alleged offence was bailable.

    She granted her bail for N10million with one surety in like sum.

    The surety, said the judge, must be a civil servant not below Grade Level 16 in federal or state employment, and must own a landed property within the court’s jurisdiction.

    Justice Aikawa said the defendant should deposit her international passport with the court’s Deputy Chief Registrar.

    He released Ofili-Ajumogobia to her lawyer pending when she perfects her bail conditions, which must be within the next seven working days.

    Justice Aikawa said he did so considering the public holidays.

    With regards to Obla, the judge ordered: “An order is hereby made for the issuance of summons compelling Mr. Godwin Obla (SAN) to appear before this court on the 15th of May 2019 for the purpose of trial.

    “The case is hereby adjourned for trial till the 15th of May, 2019.”

  • SAN at large as EFCC re-arraigns dismissed judge Ajumogobia

    A Senior Advocate of Nigeria (SAN) Godwin Obla on Thursday failed to turn up in court for his arraignment for alleged money laundering.

    The Economic and Financial Crimes Commission (EFCC) charged him along with dismissed Federal High Court judge, Justice Rita Ofili-Ajumogobia.

    When the case was called for the defendants’ arraignment before Justice Rilwan Aikawa of the Federal High Court in Lagos, Obla was absent.

    Prosecuting counsel Rotimi Oyedepo said efforts to reach him failed and that his phones were switched off.

    He said Obla’s lawyer could not also confirm his whereabouts.

    Oyedepo urged the court to allow Ofili-Ajumogobia take her plea alone pending when Obla is produced.

    The court granted the prayer.

    Ofili-Ajumogobia pleaded not guilty to an 18-count charge.

    Read Also: EFCC to re-arraign ex-judge Ajumogobia today

    Her re-arraignment followed her arrest after the Lagos State High Court in Ikeja struck out a previous charge against her on Tuesday for lack of jurisdiction.

    Obla, a former EFCC prosecutor, is the second defendant in the charge numbered FHC/139C/19.

    EFCC said they conspired on May 21, 2014, to indirectly conceal N5million in the Diamond Bank account of Nigel & Colive Ltd, which they “reasonably ought to have known forms part of proceeds of unlawful act to wit: unlawful enrichment”.

    The alleged offence is contrary sections 15 (2) (a) and 18 (a) of the Money Laundering Prohibition Act, 2011 and punishable under Section 15 (3).

    Ajumogobia was also accused of indirectly concealing N12million in the same account.

    EFCC, in another count, said she made a false statement to an officer that the money was payment for a property sale.

    Justice Aikawa is presently writing a ruling on the former judge’s bail application.

  • It is wrong for Judicial officers to maintain corporate account – NJC

    The National Judicial Council (NJC) on Friday told an Ikeja High Court  that that  judicial officers are not allowed to maintain and maintain corporate account in the course of service.

    An official of the NJC, Ramatu Hassan Ahmed stated this while been led in evidence by prosecuting counsel of the Economic and Financial Crimes Commission (EFCC), Rotimi Oyedepo at resume trial of Justice Rita Ofili-Ajumogobia and Chief Godwin Obla for alleged unlawful enrichment.

    Ahmed identified, the first defendant, Rita Ofili Ajumogobia as customer to the accounts including corporate accounts, in which $894,400 and N56, 230,005 were deposited.

    Alluding to relevant section of the handbook, she said, paragraph 8.5 of the handbook stated that it is wrong for a judge to use his position for personal advantage, neither can a judge use his/her position to contact any colleague with a view to influencing the outcome of a case.

    She earlier referred to paragraph 2.5 of the book and stated expressly that a “judge shall not accept gift from a lawyer who might appear before him and accept gift provided the gift is not given in period of festivities and it is  not of pecuniary nature.

    Ahmed also told the court that estacode due to judicial officers  are paid in Naira and not in foreign currency.

    She enumerated the role of judicial officers as found in the code of conduct for judicial officers and handbook.

    Ramatu told the court that aside their salaries and estacode, judicial officers receive other allowances as spelt out in their handbook.

    She however explained of such allowances and other payments are disbursed through the respective courts where they serve.

    Attempt by Oyedepo to make her interprete provisions of the handbook was objected to  by Wole Akoni (SAN), counsel to the first defendant (Rita Ofili Ajumogobia) and Ifedayo Adedipe(SAN), counsel to the second defendant (Godwin Obla).

    Adedipe told the court that a witness cannot  interprete the content of the document before the court.

    He said that the question the prosecution is asking is irrelevant under the Evident Act.

    “She has tendered the document, it is for the court to interprete the document”, he argued. Earlier, Akoni had told the court that it is trite law that evidence must be relevant to the charge and that what is being read is not relevant to the charge against his client.

    However, failure by EFCC to produce another witness after cross examination of the NJC official sparked a row between the judge, EFCC and the senior lawyers.

    Justice Hakeem Oshodi, responding to the request of the prosecuting counsel that the matter be adjourned due to the absence of the next witness, said it was not in the place of the prosecution to say that trial cannot go on.

    “Let the court be the one that will say, trial cannot go on. You did not come fully prepared. It is good that NJC is here. Tell them this is what is happening, we got stuck because there is no more witness, not the court.  I hope you are seeing it”, he said, adding that he has set aside the whole of Friday for the case yet the EFCC is seeking adjournment.

    Oyedepo who was still on his feet said, “My lord, I brought a witness and was cross-examined today. I brought a witness, but I did not know how long the cross-examination will take. The last time, a witness was examined for two days, the witness has been coming. The last time, the witness was in court. I don’t need anybody to commend me, but I know that the little contribution I have made, I know I am not indolent, I am not lazy”, he said.

    Justice Oshodi, at this stage, cautioned  Oyedepo and told him to leave such commendation  at the discretion of the court and to learn to do  away with such mentality.

    Responding, Adedipe said, “today’s adjourent at Oyedopo’s  instance is painful. My learned SAN just got his son a wife, but he is here because Oyedopo asked us to be here. You granted press interview blaming senior lawyers for delay. I ought to be in Akure but I am here. I would have asked for a cost”, he said

    Adedipe said  that  there is need to amend the law so that the antigraft agency can pay for cost.

    “I will also be asking for adjournment sometime in October”, he said.

    But Justice Oshodi  objected, stressing that will give the impression that the court is responsible for the delay.

    At prosecution’s request, the matter was adjourned till  June 8 for continuation of trial.

  • ‘Ajumogobia lied about N8m paid into her company’s account’ – investigator

    ‘Ajumogobia lied about N8m paid into her company’s account’ – investigator

    An Ikeja high court heard yesterday that Justice Rita Ofili- Ajumogobia lied about the source N8 million paid into her company’s account on February 4, 2015.

    The 12th prosecution witness Abdullahi Lawal, told the court that when Justice Ofili-Ajumogobia, was confronted with her statement of account in respect the N8 million lodgement, she lied about the source and the purpose for the payment.
    Lawal, an investigator of the Economic and Financial Crimes Commission ( EFCC ) told the court that the judge told them that the money was from the sale of her land at Abeokuta.

    “She said the land was sold to two people, she first mentioned one Haruna Abdullahi and later mentioned that the land was sold to one Tola.

    “Our investigation revealed that Haruna was a Bureau De Change operator in Lagos here and there was no such transaction between the parties; whereas Tola was a building contractor; he was the contractor that handled the building of her residence at Parkview Estate and there was no form of land transaction between them.

    “The payment of N8m was done by one Grand B Limited. There was no transaction between Grand B Ltd. and Nigel and Colive.”

    Justice Rita Ofili-Ajumogobia is being prosecuted by the Economic and Financial Crimes Commission ( EFCC ) for alleged bribery and unlawful enrichment.

    Among other things, the anti-graft agency accused her of receiving a total of $793,800 in several tranches from different sources between 2012 and 2015 “so as to have a significant increase in your assets that you cannot reasonably explain the increase in relation to your lawful income.”

    Also being prosecuted alongside Ofili-Ajumogobia is a Senior Advocate of Nigeria, Chief Godwin Obla, who was accused of giving the judge a bribe of N5million.

    The two defendants had pleaded not guilty.

    At the resumed trial on Friday, Lawal, testified before Justice Hakeem Oshodi, that one Omali Musa, an Assistant Comptroller at the Nigeria Customs Service, paid N12million on July 11, 2014 into the account of Nigel and Colive Limited.

    According to him, the N12million was paid in three tranches of N4million, N3million and N5million on the same day.

    During proceedings, the prosecution  attempted to establish that the judge lied about being hospitalised at Gold Cross Hospital, Bourdillon Road, Ikoyi, Lagos.

    The prosecution played in the open court the audio recording of two telephone conversations between Lawal and Justice Ofili-Ajumogobia.

    In the first, Lawal’s voice was heard asking Justice Ofili-Ajumogobia if she was still at the hospital, to which she responded, “Yes.”

    But when Lawal asked: “Which ward?” the judge, with what seemed to be a note of agitation or surprise in her voice, responded, “Are you here!” And as the investigator responded, “Yes, I am at the hospital”, there was no further response from the other end, while the investigator kept saying, “Hello! Hello! Hello!”

    When asked by the prosecutor what happened, Lawal said, “What happened was that Honourable Justice Ofili-Ajumogobia’s phone went off; I was calling and she was not responding.”

    Lawal explained that he decisided to call the judge on the telephone because he discovered that she was not at the hospital, contrary to what she had told the investigator during an earlier telephone conversation.

    He said the audio recording of the second telephone conversation between the judge and the investigator indicated that the judge had told the investigator that she was hospitalised at Gold Cross Hospital.

    According to him, the judge had assured them that she would report at the EFCC’s office as soon as she was discharged, saying she was not running away and that she would ask the doctors to discharge her soon since she was not as I’ll as they thought.

    the investigator however told the court that he never intended visiting her at hospital when asked by the court.
    He said they went to the hospital later just to confirm if the judge  was there or not.

    Further proceeding in the matter has been adjourned till February 23, 2018.‎

  • Court grants Ajumogobia, Obla leave to travel abroad for medical treatment

    Court grants Ajumogobia, Obla leave to travel abroad for medical treatment

    A Lagos High Court sitting in Ikeja has granted leave to a Federal High Court judge, Justice Rita Ofili-Ajumogobia and Chief Godwin Obla travel abroad for medical treatment.
    Both Justice Ajumogobia and Chief Obla are  facing corruption charges of giving and receiving bribe brought against them by the Economic and Financial Crimes Commission (EFCC) before Justice Hakeem Oshodi.
    While Ajumogobia is travelling to New York, Obla is heading for  Houston, Texas.
    Ajumogobia had through her counsel, Olawale Akoni (SAN) sought the leave of the court to travel for urgent medical attention in Morris Height Center, Bronx New York.
    In a 17 paragraph affidavit in support of her request, Akoni said  Ajumogobia is  suffering from high blood pressure, palpitations, and stress related issues.
    However EFCC counsel, Rotimi Oyedepo,  opposed the application.
    Oyedepo contended  that if Ajumogobia is granted leave to travel, she might jump bail and not come back to face her trial.
    He argued that Ajumogobia’s request to travel for thirty days was a ploy to stall the trial.
    Ruling on the application, Justice Oshodi said that the court has judicial discretion to rule on the application.
    “The prosecution failed to give evidence why the applicant cannot seek medical attention for her sickness outside Nigeria and how the prosecution came to decision that defendant would jump bail is best known to him.
    “I believe that the first defendant as a Federal High Court Judge has a lot to lose if she considers the idea of jumping bail”, he held.
    Justice Oshodi ordered the Chief Registrar  to release the international passport of  Ajumogobia to enable her travel abroad between June 7 and June 13, 2017.
    ” The defendant must return the passport to the Chief Registrar on or before July 1, 2017″, Justice Oshodi ruled.
    The judge also granted the second defendant, Godwin Obla (SAN) leave to also travel to Houston, Texas in the US for medical treatment.
    “The 2nd defendant is also granted leave to travel for medical treatment and must also return his passport to the Chief Registrar on July 4,” the Judge ruled.
    After the ruling, the EFCC called its tenth witness,a legal practitioner, Charles Musa who told the court Ajumogobia who was his classmate and friend, called him to help draw up a deed of agreement.
    “I sent her a mail about the terms of agreement and she did not get back to me again,” he said.
    Oyedepo however tendered deed of agreement between Ajumogobia’s company, Nigel and Colive and another company, County and City Bricks, purportedly drawn by the witness.
    Musa however denied signing or drafting the deed of agreement between the two companies.
    Justice Oshodi thereafter adjourned the matter till July 7 for continuation of trial.
    Ajumogobia who is standing trial along side senior lawyer Godwin Obla is accused by the EFCC of receiving a total of $793, 800 in several tranches from different sources between 2012 and 2015.
    The judge was further accused of giving false information to EFCC operatives by claiming to be on admission in Lagos which was found out to be false, an offence contrary to section 39 (2)a of the EFCC Establishment Act.

  • Alleged scam: Appeal Court overturns ex-NIMASA DG’s conviction

    Alleged scam: Appeal Court overturns ex-NIMASA DG’s conviction

    The Court of Appeal, Lagos Division, on Thursday overturned the five-year jail sentence slammed on a former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General, Temisan Raymond Omatseye, for alleged contract splitting.

    The appellate court discharged and acquitted Omatseye of all the 24- count charge for which he was convicted at the lower court.

    It set aside the May 20, 2016 judgment of the Federal High Court, Lagos, which convicted Omatseye for bid rigging and contract splitting.

    Justice Rita Ofili-Ajumogobia had found Omatseye culpable in a N1.5 billion contract scam following his arraignment by the Economic and Financial Crimes Commission (EFCC).

    She ruled that the ex-NIMASA chief awarded contracts above the stipulated N2.5million threshold and, accordingly, convicted him in 24 out of 27 counts but discharged and acquitted him in three others.

    But the appellate court held among others that the trial court did not properly evaluate the evidence.

    The court, presided over by Justice Yargata Nimpar, resolved all five grounds of appeal in the appellant’s favour.

    Other members of the three-man panel were Justice Adejumo Obaseki and Justice Abraham Georgewill.

    In reaching its decision, the court considered four issues for determination, including whether under Section 16(1)(A) of the Public Procurement Act 2007, approval for spending over the threshold constituted an offence.

    Justice Yargata Nimpar, who read the judgment, considered whether the trial court properly evaluated the evidence.

    She said: “I found that it did not.”

    “The long and short of it is that, the appeal succeeds. The prosecution should not ride roughshod over the Constitution.

    “The judiciary will do the war on corruption more harm by declaring someone a criminal, where no offence has been committed.

    “I find merit in the appeal. The conviction is hereby set aside and the appellant is hereby discharged and acquitted.”

     

  • EFCC slams corruption charges on Ofili-Ajumogobia, Obla

    EFCC slams corruption charges on Ofili-Ajumogobia, Obla

    The Economic and Financial Crimes Commission (EFCC) has preferred a 30-count charge against a Federal High Court Judge, Rita Ofili-Ajumogobia, and Godwin Obla, a Senior Advocate of Nigeria.

    In the charge listed as number LD/367/C/16, Ofili-Ajumogobia was listed as the first defendant, while Obla was named as second defendant.

    The defendants were said to have committed the offence on May 21, 2015, by conspiring to pervert the course of justice with five million Naira.

    The money was alleged to have been transferred to one Nigel & Colive Ltd. in relation to a charge number FHC/L/C/482/10.

    Ajumogobia is said to be a sole signatory to Nigel & Colive Ltd.

    Both defendants were said to have conspired to pervert the course of justice in contravention of the provisions of the Criminal Laws of Lagos State, 2011.

    In counts one to four, Obla was said to have offered gratification by transferring the money from his company’s account, Obla & Co., domiciled with the United Bank for Africa, to Nigel & Colive.

    The transfer was alleged to have been made in order to restrain a public officer from acting in the exercise of her official duties.

    In counts five, Ajumogobia was said to have unlawfully enriched herself by receiving a transfer of N18 million from one Arkleem Oil and Gas Ltd. in her Diamond Bank account.

    In counts six to 20, the judge was alleged to have also received a transfer of monies from various outlets to her Diamond Bank account to the tune of over 788,000 dollars.

    In count 29, the judge was alleged to have forged a deed of assignment between a company, County-City Bricks Dev. Co. Ltd and Nigel & Colive Ltd.

    In counts 30, the judge was further alleged to have made a false statement to the EFCC that she was on admission at Gold Cross Hospital at Bourdillion, Ikoyi, which statement was found to be false.

    All the offences are said to be contrary to the provisions of the Criminal Laws of Lagos State, 2011 as well as the EFCC (Establishment) Act, 2004.

    No date has been fixed for the arraignment of the accused.

  • Fani-Kayode: No formal report made, witness tells court

    Fani-Kayode: No formal report made, witness tells court

    A Federal High Court in Lagos yesterday heard that no formal report was made to any authority on the alleged financial transactions of former Aviation Minister, Femi Fani-Kayode.

    Prosecution witness, Elonna Ezelo, told the Justice Rita Ofili-Ajumogobia- presided court that the accused first maintained an account with First Atlantic Bank Plc, which later transformed from First Inland Bank Plc to Finbank Plc and now First City Monument Bank (FCMB).

    Fani-Kayode is standing trial on an amended 40-count charge bordering on money laundering.

    Ezelo, a Legal Officer with the FCMB, led in evidence by prosecuting Festus Keyamo, told the court that he collated the statements of account of the accused, which revealed transactions involving cash, cheques, draft and transfers.

    Justice Ofili-Ajumogobia adjourned the case till March 19 for continuation of trial.

     

    According to the witness, between July 2006 and January 2007, there were four deposit transactions captured in the accused’s statement of account as follows: N660,000, N6million, N10. 9 million and N3.3 million.

    But under cross-examination by defence counsel, Ifedayo Adedipe (SAN), the witness told the court that no formal report was made by the bank to any authority, in relation to the statement of account of the accused.

     

  • Alleged money laundering: Court directs Fani-Kayode to take plea

    Alleged money laundering: Court directs Fani-Kayode to take plea

    •March 5 fixed for arraignment

    Justice Rita Ofili-Ajumogobia of the Federal High Court in Lagos yesterday directed 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 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 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, cannot defeat a charge of money laundering.

    “If we accept the argument of defence, it means that all an accused 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.

    Justice Ofili-Ajumogobia agreed with Keyamo, saying in a money laundering charge, the giver of the money must not necessarily be specified.

    “The giver must not be stated. I agree that it’s the inability to trace the source of the money that forms the element of the charge,” the judge said.

    According to her, the defence counsel was wrong in his arguments.

    “It’s an abject misconception for the defence counsel to raise the objection,” Justice Ofili-Ajumogobia held.

    The judge further held that the fact it was merely stated that Fani-Kayode received money without stating who gave it to him does not in any way invalidate the charge.

    “This does not affect the validity of the charge,” she said.

    The judge held that the emphasis is on the concealment of the ownership of property, which amounts to the crime of money laundering.

    “The accused is directed to plead to the charges,” Justice Ofili-Ajumobia ruled.