$40m scam: Court decides Jonathan’s cousin’s no case submission March, 29

The Federal High Court in Abuja, on Friday, fixed March 29 to rule on an application seeking to stop the ongoing trial of former president Goodluck Jonathan’s cousin, Mr. Robert Azibaola and his wife, Stella for alleged $40m fraud.

The Azibaolas with their company, One Plus Holdings Nigeria Limited, who are facing a nine-count charge preferred against them by the Economic and Financial Crimes Commission (EFCC), are praying the court to discharge and acquit them, insisting they have no case to answer.

The defendants said that they have no case over allegation that they received $40million contract from the detained former National Security Adviser, NSA, Sambo Dasuki, rtd.

In a no case-submission they filed through their lead counsel, Chief Chris Uche (SAN), the defendants, maintained that EFCC failed to establish a prima-facie case capable of warranting the trial court to compel them to open their defence to the allegation.

They contended that the anti-graft agency was unable to, by way of credibile evidence, establish a nexus between them and the alleged $40m contract scam.

Besides, they argued that both oral and documentary evidence the EFCC adduced against them, were manifestly unreliable that no reasonable court or tribunal could rely on it to make a conviction.

However, EFCC, through its lawyer, Mr. F. A. Jibo, maintained that the prosecution had established prima facie case against the defendants therefore they have case to answer.

EFCC said it had successfully made out a case that would warrant the defendants to be called upon to open their defence to the charge against them.

It argued that the proof of evidence before the court was sufficient to warrant an explanation from the defendants regarding individual roles they played in the alleged $40m contract scam which has been traced to their company

‘One Plus Holdings Nigeria Limited.’

After he had listened to both parties, trial court judge, Justice Nnamdi Dimgba adjourned his ruling on the matter.

It will be recalled that EFCC closed its case against the defendants after it called a total of 10 witnesses that testified in the matter.

One of the charge against the defendants read: “That you Azibaola Robert being the Managing Director / Chief Executive Officer and a signatory to the Zenith Bank account of One Plus Holdings Nigeria Limited, Mrs. Stella Azibaola Robert, being a director and a signatory to the account of One Plus Holdings Nigeria Limited and Amobi Ogum( now at large) on or about 8th September, 2014 in Abuja within the jurisdiction of this Honourable Court did conspire among yourselves to commit an illegal act to wit: money laundering of the sum of $40million transferred to the domiciliary account of One Plus Holdings Nigeria Limited with Zenith Bank, Account No. 5070365750 from the account of ONSA with the Central Bank of Nigeria upon a mandate Ref. No. 128/S.5LX/139 purporting to be for the supply of Tactical Communication Kits for Special Services and you thereby committed an offence contrary to Section 8(a) of the Money Laundering( Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act”.