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Tag: Trial

  • Alleged $2.1bn fraud: Dasuki expresses readiness to resume trial

    Nigeria’s former National Security Adviser, Col. Sambo Dasuki, (rtd) released on bail on Tuesday, after four years of detention by the DSS, said he is now ready to resume his trial for corruption and money laundering.

    In an interview with the Hausa Service of VOA, Dasuki said he is ready to defend him over a $2.1billion money laundering charge by the Economic and Financial Crimes Commission.

    “Of course, I stopped going to the court because I was granted bail but the government refused to release me and I said whenever the bail order is complied with I will appear before the court and defend myself. I am ready,” the former NSA said.

    Dasuki also said he is in good health.

    “Thank God I am in good health. I have no ailment at all,” said Dasuki who also refused to blame the federal government for his long detention. But he argued that there must be ‘fairness.’

    “There is nothing really to say to the government. Everything that happens to an individual is from God. It is only God’s will that will prevail. It is ignorance or lack of faith that pushes some to think that certain individuals are behind their predicaments.

    “Everything is ordained by God. Like you said, I was detained for four year and I am out today. Only God knows tomorrow. The only thing is that there must be fairness. Whoever goes to the Mosque on Friday must surely have heard the Imam always preach for fairness and honesty. There is a reason for that. Everyone should listen to it.”

    The former NSA was first arrested on December 1, 2015 by DSS and has been arraigned in various courts by the Economic and Financial Crimes Commission (EFCC) on various charges related to corruption in the management of $2.1 billion funds meant for procurement of arms for soldiers fighting Boko Haram.

    Dasuki had pleaded not guilty to the charges and was granted bail by the various court.

    The cases have been stalled on account of his unwillingness to attend the courts, after the DSS flagrantly disobeyed the court.

    On November 13, 2018, the former NSA submitted a letter to the presiding judge, Justice Mohammed, that he will no longer make himself available for trial following the “brazen violation” of his constitutional right to liberty.

    But in a stunning move on Tuesday, the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami ordered the DSS to comply with the court order granting the former NSA bail.

    Freed with him is the publisher of Sahara Reporters, Omoyele Sowore, who also had two bail orders flagrantly disobeyed by above-law DSS.

  • Ex-PDP spokesman, Olisa Metuh loses bid to stop trial

    Ex-PDP spokesman, Olisa Metuh loses bid to stop trial

    Former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh has lost in a bid to stop his criminal trial before the High Court of the Federal Capital Territory (FCT) in Maitama, Abuja.

    In a ruling on Thursday, Justice Ishaq Bello rejected a no-case application made by Metuh in his trial for alleged destruction of evidence while he was being investigated by the Economic and Finance Crimes Commission (EFCC) in relation to the purported looting of funds meant for the purchase of arms and ammunition during the President Goodluck Jonathan administration.

    Justice Bello said, after reviewing arguments by parties, “the view of this court is that the application for a no-case submission is lacking in merit. It is hereby dismissed.”

    The judge ordered Metuh to enter defence in respect of the prima facie case already established against him by the prosecution, led by Sylvanus Tahir.

  • $9.6bn Judgement: P&ID reacts to trial, conviction in Abuja

    $9.6bn Judgement: P&ID reacts to trial, conviction in Abuja

    Process and Industrial Developments Limited (P&ID) reacted to the trial and conviction of two of its directors in Abuja today and slammed it all as shambolic, according to an unsigned statement.

    “Today’s sham trial in Nigeria is entirely illegitimate, and follows a systematic campaign of harassment, intimidation and illegal detention of a number of individuals associated with P&ID or the GSPA contract. The individuals detained have not been afforded due process and have instead been pressured and intimidated by the government into making false statements.

    “Nigeria’s Attorney General Abubakar Malami has publicly acknowledged that his aim is to provoke global opposition against P&ID, by undertaking this EFCC ‘investigation’.

    “None of the individuals involved are current employees or representatives of P&ID. P&ID itself has received no communication from any Nigerian authority about the investigation or today’s hearing. There has been no evidence produced, no defence allowed, no charges laid, no due process followed.

    “The EFCC’s investigation is an attempt to produce false evidence, and is being conducted in blatant disregard of basic human rights and the rule of law. P&ID calls on the Government of Nigeria to accept its responsibilities under the law and to cease this sham investigation.”

    Docked today were P&ID, the commercial director, Mohammed Kuchazi and the company’s director of process, Adamu Usman.

    They were arraigned before Justice I. E. Ekwo of Federal High Court, sitting in Maitama, Abuja. The judge sentenced the company, incorporated in British Virgin Island to wind up in Nigeria and its properties, forfeited to the federal government.

    The duo were arraigned on 11-count charges, bordering on obtaining by false pretence; dealing in petroleum products without appropriate license; money laundering and failure to register P&ID with the Special Control Unit against Money Laundering (SCUML) as required by law, amounting to economic sabotage against the Nigerian state.

    One of the counts reads: “That you, Process and Industrial Development Limited, being a company, incorporated in the British Virgin Island, Michael Quinn (deceased), Brendan Cahill (at large), Neil Hitchcock (deceased), Muhammad Kuchazi and Grace Taiga on or about the 11th of January, 2010 in Abuja, within the jurisdiction of this honourable court with intent to defraud made a false statement in Paragraph 8 (g) of the Gas Supply and Processing Agreement (GSPA) to wit: the parties are aware that the 24-inch Adanga Pipeline, presently under construction from the Addax operated OML 123 directly to Calabar and due for completion in 2010 which part of the said agreement you knew to be false and you thereby committed an offence contrary to Section 362 (a) of the Penal Code and punishable under Section 364 of the same law.”

    The defendants pleaded guilty to all the 11-count charge.

    While urging the court to convict them according to their plea, the prosecuting counsel Bala S. Sanga presented to the court, statements of account, showing massive withdrawals of dollars, some running into as much as $700,000 (Seven Hundred Thousand dollars) and some of which established the violation of the Money Laundering Prohibition Act, as well as the law on Advance Fee Fraud. He revealed that contrary to the impression sold by P&ID that it was established in Calabar, the Cross River capital, the company did not as much as acquire a land for an office structure.

    Section 10 (1) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 states that “Where an offence under this Act which has been committed by a body corporate is proved to have been committed on the instigation or with the connivance of or attributable to any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, where practicable, shall be deemed to have committed that offence and shall be liable to be proceeded against and punished accordingly.”

    It further provides that “Where a body corporate is convicted of an offence under this Act, the High Court may order that the body corporate shall thereupon and without any further assurance, but for such order, be wound up and all its assets and properties forfeited to the Federal Government.”

    Testifying as prosecuting witness, Babangida Umar Hussaini, an operative of the EFCC proved with evidence how Kuchazi (first defendant) and Usman(second defendant) conspired and sabotaged the country’s economy by evading tax payment for a period of 10 years; an accusation the duo agreed to be true.

    Counsel for the defendants, however, prayed the court to temper justice with mercy since the duo did not waste the time of the court with their immediate plea of guilt to all the charges against them.

    Justice Ekwo convicted them based on all the charges levelled against them by the EFCC. He sentenced the company to wound up and its properties be forfeited to the federal government of Nigeria.

  • Alleged assault: Court fixes Aug. 20 for Sen. Abbo’s trial

    A Zuba Chief Magistrates’ Court Abuja, on Monday fixed Aug. 20, for the trial of Sen. Elisha Abbo who allegedly assaulted a nursing woman in Abuja.
    The offence that bordered on criminal force and assault which is contrary to section 263 and 264 of penal code.
    The Magistrate, Abdullahi Ilelah, also ordered the prosecution counsel, to supply the defendant’s counsel with all the materials he intends to rely on in to defend his client.
    Ilelah adjourned the case until Aug. 20 for hearing.
    Earlier, the prosecution counsel, told the court that Abbo was arraigned on July 8, based on preliminary investigation.
    Idachaba told the court that he received the case file late and the video that has gone viral is an electronically generated video which needed to be properly investigated.
    He prayed the court to grant him an adjournment to complete investigation in the matter and to enable him serve the defendant counsel all the materials he intend to rely on.
    He cited Sections 350 (2) of the Administration of the Criminal Justice Act 2015 adding that it is mandatory for the prosecution to serve the defendant counsel with all the prove of evidence before a trail commence.
    He prayed the court to grant him date to open his case against the defendant and to enable him comply with the order 350(2) of ACJA 2015.
    Mr Adegbite Adeniyi, Counsel to the Senator Abbo did not oppose the oral application made by the prosecution counsel.
    Adeniyi, prayed the prosecution to serve him with all the evidence which he intend to rely on before the adjourn date.
    Sen. Abbo who represents Adamawa North senatorial Zone was docked on July 8 for allegedly assaulting a nursing mother, one Warmate Osimibibra
    The police alleged that the Senator committed the offence on May 11 at Pleasure Chest Shop FA 45 Located at Bannex Plaze Aminu Kano Crescent Wuse II Abuja.
    He also alleged that Abbo slapped the complainant severally on her face and forcefully dragging her shirt without provocation.

  • Kidnapping: Court dismisses Evans' appeals to stop trial

    The Court of Appeal in Lagos on Monday dismissed three appeals by suspected billionaire kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, seeking to stop his trial at two high courts in Lagos State.
    A three-man panel led by Justice Jummai Sankey held that Evans’ appeals against three rulings of the Ikeja High Court were without merit.
    Other Justices on the panel were Justice Philomena Ekpe and Justice Muhammed Mustapha.
    In the three appeals, Evans challenged the lower courts’ jurisdiction and sought to strike out and quash the kidnap, attempted murder and murder charges filed by the government against him.
    In the first appeal against the ruling of Justice Oluwatoyin Taiwo of an Ikeja High Court, the first to fourth respondents were the Lagos State Government and Evans’ co-defendants; Joseph Emeka, Chiemeka Arinze and Udeme Upong
    Justice Taiwo, on November 10, 2017, dismissed Evans’ application seeking to quash an amended seven-count charge against him, dated October 26, 2017.
    The applicant also challenged the Ikeja High Court’s jurisdiction in the second appeal, where the respondents were the same.
    The appellate court consolidated both appeals and Justice Sankey held: “The appeals are hereby dismissed. The ruling of the lower court is affirmed. I hold that the lower court has jurisdiction to continue with the trial and to entertain all the counts of the charge.”
    In the third appeal, the first to fifth respondents were The State of Lagos and Evans’ co-defendants: Uche Amadi, Ogechi Uchechukwu, Chilaka Ifeanyi and Victor Aduba.
    Evans claimed that Justice Hakeem Oshodi erred in law when he held that the amended information/ charge dated October 19, 2017, filed by the first respondent, was incompetent without an accompanying or attached proof of evidence as required by law.
    But Justice Philomena Ekpe, who read the lead judgment, dismissed the appeal as being unmeritorious.
    Justice Ekpe held: “Accordingly, this appeal is adjudged unmeritorious. It fails and is therefore dismissed in its entirety. The ruling delivered by the lower court by Justice Oshodi on November 3, 2017, in suit NO ID/5970C/2017, is upheld. I make no order as to cost, appeal dismissed.”

  • Erastus Akingbola’s money laundering trial resumes June 13

    A Federal High Court in Lagos on Tuesday adjourned until June 13, the money laundering trial of a Managing Director of the defunct Intercontinental Bank Plc., Erastus Akingbola.

    Akingbola was charged by the Economic and Financial Crimes Commission (EFCC) on an amended 22 counts bordering on money laundering.

    He was re-arraigned in March and pleaded not guilty to the charge.

    The case, which was slated for continuation of trial on Tuesday, could not proceed as the judge was said to be on another official assignment.

    The EFCC accused the defendant of converting an aggregate sums of 1.3 million dollars and 8.5 million dollars taken from the bank’s GBP NOSTRO account at Deutsche Bank in London.

    The sums were said to have been remitted into the account of Fuglers Solicitors with the Royal Bank of Scotland in London, to purchase property in the name of Life Boat Settlement Trust allegedly set up by the defendant.

    According to the prosecution, the defendant knew that the sums represented proceeds of crime.

    The alleged offences contravene the provisions of Sections 105(1) and 105(a) of the Investment and Securities Act, 2007.

    They also contravene the provisions of Sections 13 (1), 15(1)(a), and 28(3) of the Banks and Other Financial Institutions Act, Cap B3, Laws of the Federation, 2004.

    One of the offences also contravenes the provisions of Sections 14(1) of the Money Laundering Prohibition Act, 2004.

  • Alleged N54.3m Fraud: Court fixes date for trial of NEMA director

    Alleged N54.3m Fraud: Court fixes date for trial of NEMA director

    An FCT High Court in Maitama on Tuesday fixed June 27 to begin the trial of an Acting Director, Special Duties in the National Emergency Management Agency (NEMA), Emenike Umesi, charged with misappropriating N54.3 million.

    The Economic and Financial Crimes Commission (EFCC) charged Mr Umesi with four counts of misappropriation of public funds.

    Justice Jude Okeke granted an adjournment after the new EFCC counsel, N.M. Tertsua, told the court that Deborah Ademu-Etteh, who was handling the case, has been transferred to Kaduna.

    Mr Okeke said that he allowed the adjournment because the prosecution prayed for it for the first time.

    Mrs Tertsua prayed for an adjournment to enable her to produce documents which would be tendered as exhibit.

    Objecting to the application, Japh Njikonye, defendant’s counsel, said the excuse given was “frivolous” according to Section 396 (6) of the Administration of Criminal Justice Act, 2019. He, therefore, asked for a cost.

    He said the section stated that ‘in all circumstances, the court should award reasonable cost to discourage application for adjournments’ and asked for a cost of N50, 000.

    NAN reports that the EFCC alleged that on December 30, 2014, Mr Umesi while serving as the Acting Director, Special Duty in NEMA, misappropriated N12.8 million meant for the agency’s operations.

    EFFC said the offence contravened the provisions of Section 19 of Corrupt Practices and Other Related Offences Act.

    The anti-graft agency alleged that the defendant, serving as deputy director in charge of the South-South Zone of NEMA on Feb. 29, 2012, converted the sum of N7 .5 million meant for the agency ‘s operations to his personal use.

    The EFCC also accused Mr Umesi of converting N17.9 million and N16.1 million in March 2012 and October 14, 2013 respectively to his personal use.

    The defendant pleaded not guilty to the allegations.

  • Court issues production warrant to DSS to produce Dasuki for trial

    Court issues production warrant to DSS to produce Dasuki for trial

    Justice Hussein Baba-Yusuf of an FCT High Court Maitama on Tuesday, issued a production warrant to the Director General, Department of State Service (DSS) to produce Col. Sambo Dasuki (rtd) in court to face his trial on May 24.

    Dasuki, a former National Security Adviser to ex -president , Dr Goodluck Jonathan was arraigned by Economic and Financial Crimes Commission (EFCC ) since 2015.

    On trial with him are Aminu Baba-Kusa, a former NNPC Executive Director, and two firms- Acacia Holdings and Reliance Referral Hospital.

    They are arraigned on 32 counts of criminal breach of trust, misappropriation and dishonest release and receiving of various sums of money to the tune of N33.3 billion.

    The judge, Baba-Yusuf ordered for a production warrant to be issued on the Director General of DSS to produce Dasuki in court for his trial at the next adjourned date.

    Production warrant is issued when a defendant is in the custody of the state as is in Dasuki ‘s case.

    The judge also ordered the prosecution to liaise with the DSS to produce the defendant whenever his matter comes up.

    ‘Hence I will issue a production warrant to the DG, DSS to produce the defendant for his trial on the next adjourned date.

    He then adjourned until May 24 for trial.

    Earlier, the prosecuting counsel Mr Oluwaleke Atolegbe had expressed surprises when he found out that Dasuki was not in court.

    Atolegbe told the court that it was the duty of the DSS to produce the dependant who was in their custody.
    Dasuki ‘s counsel, Mr Victor Okwudiri told the court that it was the duty of the prosecution to produce the defendant in court and it is their duty also to explain why his absence.

    Counsel for the 2nd defendant , Mr Solomon Umoh, SAN told the court that it was now a common knowledge that the defendant was in the custody of the state.

    He said much as the ACJA allows for trial on absentia, this is an occasion where the law did not contemplate, ‘ My Lord can use his inherent power in two ways’

    ‘One issuance of production warrant and secondly, issuance of bench warrant ‘ the prosecution should find a way of producing the defendant in court’
    he said .

    Counsel for the third and fourth, Mr A Rilman and A. Ayodele aligned with the learned silk.

  • JUST: CCT fixes date for judgement in Onnoghen’s trial

    The Code of Conduct Tribunal on Monday fixed Thursday for its final judgment in the charges of false and non-declaration of assets instituted against Justice Walter Onnoghen, who reportedly resigned as the Chief Justice of Nigeria on April 4.

    The Danladi Umar-led three-man bench fixed the date for judgment after the prosecution led by Mr. Aliyu Umar (SAN), and the defence led by Mr. Okon Efut (SAN), adopted their final addresses.

    During the proceedings, the defence, in their final arguments, maintained that the prosecution failed to prove the six counts beyond reasonable doubt as required by law and urged the tribunal to dismiss the case.

    Efut maintained that the statement made by Onnoghen to the Code of Conduct Bureau was not confessional as alleged by the prosecution.

    He added that the charges, were incompetent and unconstitutional as they were based on the provisions of the Code of Conduct Tribunal and Bureau Act which were in conflict with the relevant provisions of the Constitution.

    But the prosecution said the defence team was only attempting to redefine what constituted “proof beyond a reasonable doubt”.

    He urged the tribunal to hold that the prosecution indeed proved the case beyond reasonable doubt and “return a guilty verdict”.

    Adjourning till Thursday for judgment, the tribunal chairman, said the verdict would be delivered along with two pending rulings on Onnoghen’s applications, one challenging the jurisdiction of the tribunal to hear the case and another one asking the CCT chairman to disqualify himself from further presiding over the case for being allegedly bias.

  • FG insists on continuing Onnoghen’s trial despite resignation

    Indications emerged on Wednesday that the Federal Government has opted to continue with the trial of the outgoing Chief Justice of Nigeria, Justice Walter Onnoghen at the Code of Conduct Tribunal (CCT).

    It was confirmed on Wednesday at the CCT that Onnoghen’s lawyers have filed their final address.

    The prosecution team is expected to submit its final address on Thursday (today).

    Justice Onnoghen is said to have bungled his chances to meet with President Buhari to resolve the impasse amicably in the interest of the Executive and the Judiciary.

    After Justice Onnoghen’s resignation, it was not immediately clear whether or not President Muhammadu Buhari would direct that his trial at the Code of Conduct Tribunal be stopped.

    While some government officials wanted the trial concluded, some members of the Bench and the Bar insisted on the decision of the National Judicial Council (NJC) to retire Justice Onnoghen.

    Although the President was said to be weighing options on the NJC’s report, which made recommendations on Justice Onnoghen’s future, a government official who spoke anonymously said his trial will be concluded.

    The source said: “The government will not withdraw the case against Onnoghen in CCT in order not to set a bad precedent.

    “We want the case to run its lifespan for posterity and to avoid reading of political meanings into it. When this case started, there was much uproar, that it was politically motivated by the presidency. We want the tribunal to decide the case on merit.

    “The NJC’s report also did not say that the trial be halted. It only demanded the retirement of Onnoghen. This is why no directive has been given to the Code of Conduct Tribunal, which is prosecuting the case, to withdraw the charges against the CJN.”

    The source, who stressed that there was no deal with Justice Onnoghen over his trial, claimed that the CJN bungled his chances to decide his fate in the interest of the Judiciary.

    The source added: “There were moves to prevail on the President not to allow the CJN to be on trial in CCT. The first window came from the Nigerian Bar Association(NBA) which sent a delegation to Vice President Yemi Osinbajo. The NBA team wanted soft-landing for Onnoghen. Some terms were agreed upon, including resignation or voluntary retirement by Onnoghen.

    “The NBA team was mandated to prevail on him to quit honourably in view of some overwhelming allegations and investigative reports on him. The CJN, who was initially amenable to reconciliation, later backed out.

    “The second mediation was about another proposed confidential session between President Buhari and Onnoghen, which was facilitated by some highly-placed Nigerians. They wanted the President to hear from Onnoghen to pave the way for his quiet retirement from office without subjecting him to trial.

    “The CJN consented to the session with the President but he aborted it at the last minute without any justifiable cause.

    “Onnoghen had over-relied on the outcome of NJC’s investigation – that it would be in his favour. He had no choice than to throw in the towel when the NJC advised Buhari to retire him. It was at this stage he chose to voluntarily leave office.”

    Speaking with in an interview with The Nation on Wednesday night, the Chairman of the Code of Conduct Bureau, Dr. Muhammed Isah, said: “We have not received any directive from the Chief Law Officer of the Federation, Mallam Abubakar Malami(SAN), who is the Attorney-General of the Federation and Minister of Justice, to discontinue the case.”