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Tag: Robert Azibaola

  • Alleged $40m fraud: Court to decide Jonathan’s cousin fate May 27

    A Federal High Court in Abuja has scheduled judgment for May 27 in the trial Robert Azibaola, said to be a cousin to former President Goodluck Jonathan, on charges of money laundering.

    Justice Nnamdi Dimgba chose the date on Thursday after lawyers to the prosecution and defence adopted their final written addresses.

    Azibaola is being tried on a two-count charge, filed by the Economic and Financial Crimes Commission (EFCC).

    He is charged with a firm, One Plus Holdings Nigeria Limited, over allegation that he received $40million from the detained former National Security Adviser, NSA, Sambo Dasuki, retd, without any contract agreement.

    The prosecution, on January 23, 2017, closed its case after calling ten witnesses, following which Azibaola, who denied any wrong doing, testified in person and called a witness, Iyeryfama Jaja.

    The defence closed its case on February 6 after calling two witnesses – Aziboala and Jaja.

    On Thursday, Sylvanus Tahir (for the prosecution) and Chris Uche, San, (for the defence) adopted their final written addresses, following which Justice Dimgba adjourned for judgment.

    It is the prosecution’s case, in the charge marked FHC/ABJ/CR/ 113/2016, that Aziboala, while being the Managing Director/Chief Executive Officer (MD/CEO) and a signatory to the Zenith Bank account of One Plus Holdings Nig Ltd, on or about September 8, 2014, took possession and converted the $39, 999, 958 out of the $40million, and transferred same to the domiciliary account of One Plus Holdings Nig Ltd with Zenith Bank Plc Account No. 5070365750.

    It said the 40m was released from an account the Office of the National Security Adviser operated with the Central Bank of Nigeria, upon a transfer mandate Ref. No. 128/S.5LX/139, on the guise that it was meant for the supply of Tactical Communication Kits for Special Forces.

    The prosecution added that the defendants reasonably ought to have known that the fund was part of the proceeds of an unlawful activity by Dasuki, adding that they had by their action, 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 (4) of the same Act.

    Earlier, on March 29, 2018, the court partially upheld a no-case-submission made by the defence and struck out seven out of nine counts originally contained in the charge, which had Aziboala, his wife, Stella, and the firm as defendants.

    The court discharged and acquitted Aziboala’s wife on the premise that the prosecution failed to establish a prima facie criminal charge against her.

    In his defence, Aziboala has consistently maintained that the money, okayed by the Nigeria National Petroleum Corporation (NNPC), was deployed to solve oil bunkering and pipeline destruction in the Niger Delta region.

    He told the court that the federal government, perturbed by the level of oil bunkering and the vandalization of oil facilities in the region, which he said drastically disrupted oil output and reduced the nation’s cash inflows, engaged his firm to implement strategies he said brought such economic sabotage to an end.

    Aziboala said the “assignment” that was handed to him through the ONSA, was discreetly executed, insisting that it achieved the desired result.

  • EFCC gets court’s nod to appeal ruling quashing charges against Jonathan’s cousin, wife

    A Federal High Court in Abuja on Wednesday granted permission to the Economic and Financial Crimes Commission (EFCC) to appeal the March 29 ruling of the court, partially upholding the no-case submission of Robert Azibaola, a cousin to ex-President Goodluck Jonathan.

    Justice Nnamdi Dimgba had in the ruling, fully upheld the no-case submission made by Azibaola’s wife, Stella and quashed the charge against her, but partially upheld the no-case submission by the husband and their firm, One Plus Holding Nigeria Limited.

    The judge, in partially upholding the no-case submissions by Azibaola and One Plus, voided counts counts 1, 4, 5, 6, 7, 8 and 9, leaving only two – counts 2 and 3 of the 9-count charge on which the three were arraigned in a charge filed in 2016.

    The EFCC arraigned Azibaola, Stella and One Plus on a 9-count charge of conspiracy to covert money and money laundering.

    They were accused of diverting the $40million they allegedly received from the Office of the National Security Adviser, which was meant for the purchase of tactical communication kits for special forces.

    The three were said to have laundered the money by trading with the funds through bureau de change companies instead of deploying the money for the purpose it was intended.

    At trial, the prosecution called a number of witnesses and closed its case, following which the defendants made a no-case submission.

    In a ruling on March 29 this year, Justice Dimgba quashed the 8 counts relating to Stella, on the grounds that the prosecution could not lead evidence to support the counts.

    On the part of Azibaola and One Plus, the judge partially upheld their no-case submission by quashing some counts, leaving counts 2 and 3 on which the two defendants were expected to enter defence.

    Yesterday, prosecution lawyer, Sylvanus Tahir moved a motion for leave to appeal an aspect of the ruling on grounds other than law alone.

    The prosecution attached its proposed notice of appeal to the motion.

    Kanayo Okafor, who represented the defendants did not object to the prosecution’s motion, which the judge granted.

    By yesterday’s development, the prosecution can proceed with its appeal.

    The proposed notice of appeal sighted on Wednesday contained four grounds on which the prosecution faulted the March 29 ruling.

    In ground one, the prosecution argued that the trial judge erred in law and occasioned a miscarriage of justice when he upheld Azibaola and Stella’s no case submission on the charge of conspiracy to launder money without allowing the two defendants to lead evidence proving that they were couple of a Christian marriage.

    It argued: “the trial court, without any shred of evidence placed before it, jumped into the conclusion that the 1st and 2nd respondents are husband and wife legally disabled from committing conspiracy with each other.

    “The trial court made a case for the 1st and 2nd respondents without hearing evidence from them on their marital status.

    “The trial court jettisoned the time honoured principle that, at the stage of no-case submission, the evidence of the prosecution witnesses should only raise a prima facie case, not that the court should evaluate the evidence as in the case of proof beyond reasonable doubt which comes later.”

    The prosecution also faulted the trial judge for discharging Stella on the offence of “directly taking possession or control of the sum of $39.9m (contained in count 2) and directly converting the said sum, along with the 1st and 3rd respondents. (in count 3).

    It argued that while the trial judge rightly held that Stella was a director of One Plus and a signatory to its account, went ahead to exonerate her “by speculating that she was probably charged because she is the spouse of the 1st defendant.”

    The prosecution accused the trial judge of misdirecting himself in law and occasioned a miscarriage of justice when he discharged the 1st and 3rd defendants on the charge of laundering the sum of, 650m (in count 7), the prosecution having  led credible evidence to show that the money was “used to buy a property – Plot 2245 Maitama Cadastra Zone No. A06 – in the name of the 3rd respondent.”

    It argued that the decision of the trial judge “was unreasonable and unwarranted in the circumstances of this case.”

    Follwoing the agreement by parties yesterday that the trail should continue on the remaining two counts despite the leave granted the prosecution to appeal, Justice Dimgba has adjourned to June 4 for  continuation of trial.

     

  • Arms scam: Jonathan’s cousin has case to answer – Court

    The Federal High Court, Abuja, has ordered former President Goodluck Jonathan’s cousin, Robert Azibaola to defend himself in a fraud allegation of 40 million dollars leveled against him and his company, One Plus Holding Ltd by the Federal Government.

    The court on Thursday ordered Azibaola to defend himself on two out of the nine-count charge preferred against him by the government.

    He was to defend himself on the two counts bordering on being in possession of and converting the sum of 40 million dollars received from the office of the former National Security Adviser, (NSA), and Retired Col.Sambo Dasuki to personal use.

    Justice Nnamdi Dimgba made the order while ruling on the no-case-submission filed by Azibaola and his wife, Stella.

    The court, however, discharged and acquitted Stella of all the nine-count charge leveled against her.

    Dimgba in discharging Stella held that being wife to Azibaola was not enough to charge her with the offence since criminal liability was personal and not vicarious.

    The Economic and Financial Crimes Commission, (EFCC), the prosecuting agency in the matter had in 2016, preferred a 7-count charge against Azibaola, his wife, Stella and their company, that they received 40 million dollars’ worth of contract from Dasuki.

    They were subsequently arraigned on June 7, 2016 and were admitted to bail in the sum of N500 million each.

    They were, re-arraigned on April 27, 2017 this time on a 9-count amended charge.

    In the cause of the trial, the prosecution called 10 witnesses and tendered 27 documented evidences against the three parties and closed its case,

    Read Also: Alleged fraud: Court asks Jonathan’s cousin to enter defence

    Mr Chris Uche, (SAN) counsel to Azibaola and his wife however filed a no-case-submission.

    Uche insisted that the government had failed to establish a prima-facie case that would warrant his clients to enter a defence and prayed the court to discharge and acquit his clients.

    Delivering the court’s ruling on the no-case-submission, the judge held that two of the defendants had some explanations to do with regards to counts two and three.

    “It was claimed that the 40 million dollars released from the office of the former NSA to Azibaola and One Plus Holding Ltd was meant for the procurement of tactical communication kits.

    “Counts two and three are basically the same, the difference is that count two borders on possession of the sum of 40 million dollars while count three was hinged on conversion of the said amount.

    “Having reviewed the oral and documentary evidence tendered by the prosecution through its witnesses, this court holds the view that there is good reason for Azibaola and the company to proceed with their defence,” the court ruled

    The court noted that there was no evidence to show that the said tactical communication kits were supplied.

    “In the absence of any evidence to show supply of the tactical communication kits, the 1st (Azibaola) and 3rd (One Plus Holding) defendants are in a position to explain what the fund was used for.

    “On the whole, there is sufficient prima-facie case made out by the prosecution against the 1st and 3rd defendants.

    “The no-case-submission in respect of these two counts is refused,” the court held.

    The court absolved Azibaola and his company of any wrongdoing in counts one, four, five, six, seven, eight and nine.

    The judge adjourned the matter until June 4 for Azibaola to open his defence.

    NAN

  • Alleged fraud: Court asks Jonathan’s cousin to enter defence

    A Federal High Court in Abuja on Thursday granted in part, the no-case submission made by a cousin to former President Goodluck Jonathan, Robert Azibaola, his wife, Stella and their company – One Plus Holdings Nigeria Limited – in their trial for allegedly receiving $40million fraudulently from the Office of the National Security Adviser (ONSA) in 2014.

    Justice Nnamdi Dimgba upheld the no-case submission in seven of the nine- count charge contained in the amended charge and struck out Stella’s name from the charges after discharging her.

    The affected counts are 1, 4, 5, 6, 7, 8, and 9.

    In striking out the seven counts, the judge said there was no sufficient evidence to warrant the call for the defendants to enter defence in relation to the charges.

    The judge retained two counts – 2 and 3 on the grounds that the prosecution had sufficient evidence linking Azibaola and the company to the charges, but failed to connect the wife to them.

    The judge said: “On the strength of the evidence adduced, I see no sufficient evidence linking the 2nd defendant (Stella) to counts 2 and 3.  I therefore accordingly discharge and acquit the 2nd defendant of counts 2 and 3.

    “I hold that there is sufficient prima facie case against the 1st and the 3rd defendants.  The no case-submission on these counts failed in relation to them and I therefore accordingly direct the 1st and 3rd defendants (Azibaola and One Plus) to open their defence to counts 2 and 3.”

    According to the prosecution, count 2 has to do with the defendants “directly taking possession or control of $39,999,958, which they received from the NSA office as allegedly instructed by the then NSA, Col. Sambo Dasuki (retd).

    While in count 3, the defendants were accused of directly converting the said funds to their personal use.

  • Jonathan’s cousin’s money laundering trial stalled again

    Proceedings were stalled on Monday in the trial of a cousin to former President Goodluck Jonathan, Robert Azibaola and others due to the failure of the prosecution to present its witness.

    Similar scenario played out on January 30 when the case last came up.

    Azibaola, his wife, Stella and their firm, One Plus Holdings Nigeria Limited are standing trial on a seven-count charge of money laundering before the Federal High Court, Abuja.

    They are accused by the Economic and Financial Crimes Commission (EFCC) of unlawfully receiving about $40million from the former National Security Adviser (NSA), Sambo Dasuki.

    The accused persons however denied the allegations.

    When the case was called on Monday, lead prosecution lawyer, Francis Jirbo, told the court that the prosecution was having difficulties calling witnesses in the order the prosecution intended.

    Jirbo, who sought the court’s indulgence to enable the prosecution explore efforts to produce its other witnesses, said it (the prosecution) will resort to the court for the necessary orders should its efforts fail.

    “My lord, we seek the court’s indulgence to enable the prosecution make the last independent efforts to get its witnesses to court in the manner and sequence it intended,” Jirbo said.

    When asked by the judge, Justice Nnamdi Dimgba, the nature of the witnesses, Jirbo said three of the six remaining witnesses the prosecution intends to call were from outside the EFCC, while the other three were operatives of the EFCC.

     

  • Contract scam: Absence of witnesses stalls trial of Jonathan’s cousin

    The trial of ex-President Goodluck Jonathan’s cousin, Robert Azibaola and his wife, Stella was stalled Monday because of the failure of the prosecution to present its witness.

    The couple is being tried before the Federal High Court, Abuja on a seven-count charge of money laundering brought by the Economic and Financial Crimes Commission (EFCC).

    The duo is charged with a firm, Oneplus Holding Limited.

    When the case was called Monday, prosecution lawyer, Sylvanus Tahir told the court that his witnesses were absent.

    He regretted his inability to produce his witnesses, noting that they were key witnesses who were unavoidably absent in court.

    Tahir, who said he had, before the court’s proceedings, informed the defence lawyer about his predicament, sought a fresh date to enable him present his witnesses.

    Defence lawyer, Chris Uche (SAN) did not object to Tahir’s request for adjournment. He confirmed being informed about the prosecution’s predicament.

    Trial judge, Justice Nnamdi Dimgba adjourned to March 13 and 14 for continuation of trial.

    The prosecution has so far called who have all denied knowing the defendants or having anything to do with their company, Oneplus.

    A retired Permanent Secretary in the former NSA’s office, Ibrahim Mahe had in his testimony on June 28, 2016 said the funds in respect of which the couple was being prosecuted, was duly approved, adding that only the former NSA, Col Sambo Dasuki, retd, could say otherwise.

    Another witness,Boladode Faremo, a compliance officer with Zenith Bank, told the court that Azibaola and his wife were “high net worth customers of the bank”.

    He said the inflow of $40m into account of the defendants was inconsequential considering their worth.

    Faremo said no query had been issued against the defendants in respect of their transactions with the bank.

  • Funds diversion: Court remands Jonathan’s cousin in EFCC custody

    Chief magistrate B.O Osunsanmi of a Lagos Magistrate Court sitting in Ikeja on Friday ordered that Robert Azibaola, a cousin of former President Goodluck Jonathan be remanded in the Economic and Financial Crimes Commission (EFCC) custody.

    The EFCC on Friday brought an application before the court, seeking the defendant’s detention over alleged diversion of $40 million meant for securing of oil pipelines.

    Azibaola will remain in custody pending the completion of EFCC investigations into how the funds allegedly paid to him through One-Plus Holdings, a sister company of Kakatar Construction Limited, was used.

    The payment was allegedly made to Azibaola by the former National Security Adviser, Col. Sambo Dasuki (rtd).

    The matter was adjourned to May 23, while the defendant will remain in the EFCC custody.