The Nation Newspaper

Tag: trial

  • Babalakin’s trial begins today

    Babalakin’s trial begins today

    After a week of indecision, Bi-Courtney Chairman Dr. Olawale Babalakin (SAN) has agreed to face trial over the N3.4billion allegedly laundered for ex-Governor James Ibori to buy a Challenger aircraft.

    Also to face trial are Stabilini Vision Limited, Bi-Courtney Limited, Alex Okoh and Renix Nigeria Limited.

    It was learnt that a team of Senior Advocates of Nigeria will defend the suspects, whose trial is likely to take place in the court complex built by Babalakin’s company.

    They are to face a 27-count charge in the High Court of Lagos State, Ikeja Division.

    The charge borders on the alleged laundering of $11.3million abroad for Ibori through Erin Aviation Account in Mauritius.

    The charge sheet, dated November 21, was filed by A.M. Yusuf, Esq., on behalf of the Economic and Financial Crimes Commission (EFCC) and the Attorney-General of the Federation.

    A top source in EFCC, who spoke with our correspondent in confidence, said: “We have received assurances from Babalakin that he will appear in court for arraignment on Thursday (today). He offered to come for arraignment; we have no reason to doubt him.

    “We may, therefore, have no reason to arrest him before trial. What is important is to serve the cause of justice.”

    Responding to a question, the source added: “There is an understanding that all the suspects will be at the EFCC office in Ikoyi by 7am and it is from there that they will be taken to court.

    “Babalakin has been cooperating with the EFCC in its investigation; there is no problem at all.”

    Another source, who also did not want to be named, said Babalakin relocated from Abuja to Lagos on Wednesday evening for his trial.

    “He is innocent of the charges but it is normal to arraign any suspect in court. This investigation has been on in the last seven years without anything found against Babalakin.

    “The arraignment might be an attempt to break his spirit but justice will prevail at the end of the day.

    “It is going to be a major legal battle and we have assembled a crack team of lawyers to defend him and four others.

    “Ironically, Babalakin will be arraigned in the same court complex which his company built to taste. That is life, everything has a purpose.”

    All the suspects will be arraigned in court for alleged “conspiracy to commit felony to wit: corruptly conferring benefit on account of public action, contrary to Section 516 of the Criminal Code Law, CAP. C17, Laws of Lagos State, 2003.”

    They are also to respond to the allegation of “corruptly conferring benefit on account of public action, contrary to Section 98A (1) (a) of the Criminal Code Law, CAP. C17, Laws of Lagos State, 2003”.

    The third peg of their trial borders on alleged “retention of proceed of a criminal conduct contrary to Section 17(a) of the Economic and Financial Crimes Commission (Establishment) Act, 2004”.

  • N1.4b subsidy scam: EFCC insists suspects must face trial

    N1.4b subsidy scam: EFCC insists suspects must face trial

    The Economic and Financial Crimes Commission (EFCC) yesterday told a Federal Capital Territory High Court that it has enough evidence to put three suspects on trial for alleged N1.4billion fuel subsidy scam.

    The suspects are Helyn Aninye, Chizobam Ben-Okafor and Pon-Specialized Services Limited.

    They are being tried before Justice Olusumbo Goodluck for offences bordering on forgery and obtaining money under false pretence.

    A statement by the Head of Media and Publicity of the EFCC, Mr. Wilson Uwujaren said: “The suspects were to have been docked on an 18-count criminal charge on November 26 but their pleas could not be taken as their counsel, Olisa Agbakoba (SAN) opposed their arraignment on the grounds that the proof of evidence did not disclose a prima facie case against his clients.

    “My lord, assuming there are offences to be disclosed, they have not in any way been linked to the applicants, and these links must have a prima facie elements to the applicants.”

    “He further said that in a case of forgery, it is required to be proved in a particular way and that no maker of the alleged forged document had been called or identified.

    “But Steve Odiase, counsel to EFCC in his application for leave to prefer criminal charge against the accused persons under Section 185 (b) of the Criminal Procedure Code, noted that the proof of evidence speaks for itself.

    “He stated that the prosecution has formulated three issues for determination by the court in granting the application which include whether the proof of evidence discloses an offence known to law and whether there is a linking of the charge to the applicants.

    “My lord, the statement of one (name withheld) of Quality Marine Services limited is enough link to the accused persons.

    “Besides, it has been established that in a case of forgery the accused must not be the maker of the said document before being liable.”

    “The judge who advised counsel not to jump the gun by addressing issues in the substantive case, adjourned to February 21, 2013 for ruling on both applications.

    “The accused persons were said to have on or about the 3rd day of March, 2011 at Abuja within the Jurisdiction of the High Court of the Federal Capital Territory, Abuja with intent to defraud, conspired to obtain N1.413, 507,951.50 under false pretence from the Federal Government of Nigeria as subsidy for the importation Premium Motor Spirit under the Petroleum Support Fund”.

    “The offence according to the charge sheet was contrary to Section 8(a) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Related Offences Act. 2006.”

     

  • Trial of Ali’s son, others fixed for Nov 26

    Lagos State High Court, Ikeja, yesterday fixed November 26 for the re-arraignment of Mamman Ali, son of former Peoples Democratic Party (PDP) Chairman, Ahmadu Ali and three others for alleged N4.4 billion fuel subsidy fraud.

    The defendants were scheduled to be re-arraigned before Justice Adeniyi Onigbanjo yesterday but the court failed to sit. No reason was given.

    Mamman Ali was arraigned on July 26 with Christian Taylor and Nasaman Oil Services for an alleged N2.2 billion fuel subsidy fraud.

    At the last sitting on October 30, the Economic and Financial Crimes Commission (EFCC) informed the court of its intention to re-arraign the defendants on an amended charge.

    EFCC counsel Francis Usani said the amended charge would enable them to join another oil marketer, Oluwaseun Ogunbambo, as a co-defendant in the matter.

    In the amended charge now before the court, the defendants would be facing a 13-count of fuel subsidy fraud.

    The EFCC, in the new charge, alleged that the defendants were involved in subsidy fraud amounting to about N4.4 billion.

    The commission alleged that the defendants had conspired to obtain the money from the Federal Government for the purported importation of 30.5million litres of Premium Motor Spirit (PMS).

    The EFCC said the alleged offences contravened Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act of 2006

     

  • Court fixes Nov 12 for Ali’s son’s trial

    A Lagos High Court, Ikeja, yesterday fixed November 12 for the trial of Mamman Nasir Ali, the son of former Peoples Democratic Party (PDP) National Chairman, Ahmadu Ali and two others.

    On trial with the younger Ali are his company, Nasaman Oil Services and Christian Taylor.

    They were charged to court by the Economic and Financial Crimes Commission (EFCC) for conspiracy, obtaining money under false pretence, forgery and using false documents to obtain money from the petroleum subsidy fund.

    At the resumed hearing yesterday, EFCC’s counsel Francis Usani said the commission would not continue with the trial because of some pressing issues.

    Usani told the court that the commission has come up with some developments which will assist the court in adjudication of the matter with fairness.

    He said: “The prosecution intends to join Seun Ogunbambo as defendant in the matter.

    “As at the time the charge was filed, information relating to Ogunbambo had not reached the EFCC.”

    Ogunbambo is on trial with Habila Theck and their firm, Fargo Energy Limited, in another subsidy fraud trial before Justice Onigbanjo involving N976.6 million, which the EFCC alleged was fraudulently collected from the Federal Government.

    The defence counsel, Toyin Pinheiro (SAN), did not object to the submission of the EFCC.

    He said: “We would wait for the amendment of the charge to be effected.”

  • Judge’s absence stalls Ogbulafor’s trial

    The trial of former Peoples Democratic Party (PDP) National Chairman Vincent Ogbulafor for alleged N170 million contract fraud was stalled yesterday, following the absence of the judge.

    Justice Ishaq Bello of an Abuja High Court, who last presided over the matter on July 11, was said to have travelled to Saudi Arabia for the pilgrimage.

    Justice Bello was expected to hear the testimony of a principal witness of the prosecution.

    The continuation of the trial is now expected to hold on November 7.

    A Senior Legal Officer with the Independent Corrupt Practices and other related offences Commission (ICPC),Paul Bassi, told the News Agency of Nigeria (NAN) that the new date was given to Ogbulafor‘s counsel Joe Gadzama (SAN) by the court clerk.

    ICPC is prosecuting Ogbulafor, Jude Nwokolo, Henry Ikoh and Emeka Emmanuel on a 16-count charge of alleged involvement in a N170 million fraud.

    The agency alleged that while serving as the Minister of State for Economic Affairs in 2001, Ogbulafor connived with the others to float three fictitious companies through which they perpetrated the fraud.

    They were alleged to have used Henrichiko Nig. Ltd, DHL Consultants and Chekwas Industries to siphon N82.6 million, N11.5 million and N6.2 million in 2001.

    The prosecution also alleged that Ogbulafor used his position as Head of the National Economic Intelligence Committee set up a committee to verify debts owed local contractors, to pass some forged documents.

    NAN reports that on May 30, six months after the case was adjourned indefinitely, the judge granted permission to ICPC to reopen its case on July 11 and July 12.

    The decision followed an application filed by ICPC’ Counsel Adegboye Awomolo (SAN), asking for the case to be relisted on the court list.

    The application for the relisting of the case followed a stay of proceedings, pending the determination of a motion he filed at the Court of Appeal.

    ICPC asked for the stay of proceedings because the commission was challenging Bello’s ruling granting Ogbulafor’s application for severance of trial, delivered on December 14, 2010.

    Bello had severed the trial because Nwokolo, Ikoh and Emanuel had filed a case at the Court of Appeal, challenging the ruling of the court in which the judge said they had a case to answer in the matter.

    Bello said because the appeal filed by the trio was yet to be heard, the trial had to be severed so that the others could stand trial after their appeal had been determined.