A’Court quashes N2.1bn fraud charges against Dokpesi, DAAR Communications

ANDREW OROLUA, ABUJA.

The Court of Appeal sitting in Abuja on Thursday quashed the remaining four count charge preferred against  Chief Raymond Dokpesi and his company, DAAR Communications for allegedly laundering the sum of  N2.1Bn from the Federal Government treasury.

Chief Dokpesi the owner of African Independent Television and Raypower FM Radio had challenged the decision of the Federal High Court which overruled his earlier no-case submission and ordered him to enter defence on counts 1,2,3 and 4 out of the seven-count amended charge filed by the Economic and Financial Crimes Commission (EFCC).

On Thursday, the Court of Appeal upheld the no-case submission made by Dokpesi and his company  DAAR Communications and quashed the criminal charge before the Federal High Court.

Delivering judgement in an appeal filed by Chief Kanu Agabi (SAN) on behalf of Dokpesi, Justice Elfreda Oyebisi Williams-Dawodu held that the EFCC failed woefully to establish a prima facie case against the appellant in all the charges

Justice Williams-Dawodu stated that the ingredients of the offences were not provided by the prosecution as required by law.

The appellate court agreed with Agabi that being a predicate offence, the ingredients of the offences against the appellant must be clearly provided, adding that it is clear that none of the offences was established in line with provisions of law.

The Court of Appeal further held that EFCC failed to prove that the N2.1 billion allegedly received by the appellant was a proceed of breach of trust.

A Federal High Court, Abuja in November 2018 dismissed the no-case submission filed by the AIT founder on the grounds that a prima facie case had been successful established against him by the EFCC in the alleged N2.1Bn money laundering case.

Justice John Tsoho, the current Chief Judge of the court had after the ruling, ordered Dokpesi to open his defense on the grounds that he had some explanations to offer in the charges against him.

However, dissatisfied with the ruling of the high court, Dokpesi approached the Appeal Court and prayed that the ruling of the lower court made against him be set aside and his no-case submission be upheld.

The Court of Appeal agreed with Dokpesi and consequently set aside the decision of the lower court and also quashed the charges.

The Court of Appeal in a unanimous judgment read by Justice William-Dowodu further held that there was nothing in the evidence of the 14 witnesses called by EFCC  to persuade the court to compel the appellant to enter a defence in the charges where ingredients of the offence were not provided.

“No case was made against the appellant in counts 1, 2, 3, and 4 to warrant his being called upon to open his defence.

“There is no possibility that the appellant can be convicted in the charges because the evidence of the witnesses is so manifestly unreliable.

“I am of the view that irrespective of the ingredients stated earlier, and those by the appellant and first respondent respectively, prior proof or establishment of the predicate offences in count 1,2,3 and 4 of the amended charge is a sine qua non to the proof of the offences of money laundering specified in the said counts.

“In totality, this appeal has merit, it is allowed and the ruling of the Federal High Court is hereby set aside and the appellant is discharged,” Justice Williams-Dawodu held.