N4.6bn Money Laundering: Court Orders Release of Exhibits, Document to EFCC

Wale Igbintade

Following the judgement of the Court of Appeal, Lagos Division, which quashed charges of misappropriation of N4.6 billion and money laundering brought against former Minister of Aviation, Femi Fani-Kayode, alongside a former Minister of Finance, Mrs. Nenadi Usman, Justice Daniel Osiagor of the Federal High Court in Lagos yesterday ordered the release of all exhibits and documents tendered during the hearing of the matter back to the Economic and Financial Crimes Commission (EFCC).

When the matter came up yesterday, EFCC Prosecutor, Mr. Rotimi Oyedepo, SAN told the court that in view of the judgement of the Court of Appeal, all exhibits and documents tendered by the prosecution should be released to enable the Commission commence the matter afresh at the Federal High Court Abjua.

 Justice Mohammed Aikawa of the Federal High Court in Lagos had on  September 25, 2017, dismissed an application by Femi Fani-Kayode, and Nenadi Usman, challenging the jurisdiction of the court to entertain the case.

Dissatisfied, the Defendants challenged the ruling at the Court of Appeal Lagos, Division and urged the court to quash the charge filed against them.

But, seven years after, the Court of Appeal, in its judgement agreed with the Defence Counsel led by Mr. Norrison Quakers, SAN, and held that the Federal High Court in Lagos lacked jurisdiction to adjudicate on the matter.

The appellate court held that the facts of the case showed that all the transactions carried out by the Defendants took place in Abuja, hence the Federal High Court Abjua has jurisdiction to hear the case.

Fani-Kayode is charged alongside a former Minister of State for Finance Nenandi Usman, a former Chairman of the Association of Local Governments of Nigeria (ALGON) Yusuf Danjuma, and a company Jointrust Dimensions Nigeria Ltd.

The EFCC had earlier preferred a 17-count charge of N4.6 billion in money laundering against the defendants before the former trial judge Justice Mohammed Aikawa.

The defendants had each pleaded not guilty to the charges and were granted bail.

Hearing of the case had begun before Justice Aikawa and witnesses were being led in evidence before the trial judge was transferred out of the Lagos division.

The case was consequently assigned to a new judge Justice Daniel Osiagor and the defendants had to start the case from the beginning (de nouvo).

In the charge, the defendants were alleged to have committed the offences between January and March 2015 in Lagos.

They were alleged to have at various times unlawfully retained over N4.6 billion which they reasonably ought to have known formed part of the proceeds of unlawful acts of stealing and corruption.

In counts 15 to17, Fani-Kayode and one Olubode Oke, who is said to be at large, were alleged to have made cash payments of about N30 million to one Paste Poster Co (PPC) of No 125 Lewis Street, Lagos.

The said payments were alleged to have been made in excess of amounts allowed by law without going through a financial institution.

All offences were said to have contravened the provisions of sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money Laundering (Prohibition) (Amendment) Act, 2012.