Alleged 2.1bn fraud: Court fixes Nov 12 for ruling on Dokpesi ‘no case submission’

The Federal High Court in Abuja on Friday reserved its ruling on ‘no case submission’ made by Chief Raymond Dokpesi, and his Daar Investment and Holdings Company Limited, owner of Ray Power FM and African Independent Television (AIT) over money laundering and procurement charges involving the sum of N2.1 billion.

Dokpesi and the company are facing seven count charges that arose from the N2.1 billion payment allegedly received by Chief Dokpesi, and his company the Daar Investment and Holdings Company Limited from the office of National Security Adviser (ONSA) between January and March 2015.

Justice John Tsoho of the Federal High Court, Abuja Division, fixed the ruling after prosecution and defence lawyers had made their final submissions on the no-case-submission application filed by Dokpesi.

The prosecution agency – the Economic and Financial Crimes Commission (EFCC) had on May 28, 2018 closed its case after 14 witnesses testified in Court, but Dokpesi believed the prosecution had not establish any case against him and indicated readiness to file a no-case-submission.

At a resumed hearing on Friday, defence lawyer, Mr. Kanu Agabi asked the court to discharge Dokpesi and his company because the prosecutor failed woefully to prove any element of the offence levelled against the defendants.

Agabi posited that out of the seven-count charge, counts 1, 2, 3 and 4, bordered on money laundering.

He argued that no offence was committed by the defendants because the proceeds are legitimate.

“I submit that money in the account of National Security Adviser, and Central Bank of Nigeria are not the proceeds of crime and when it is spent for any purpose whatsoever, the NSA is not trying to launder it.

“In what manner did he obtain the money, assuming without conceding that it was proceed of crime, the essential ingredients of money laundering offence have not been established.

“A payment was made by Colonel Dasuki and his name was specifically mentioned, which implies that he was the person laundering the account.

“The accused are not the launderers but Dasuki. If the money launderer is Colonel Dasuki, are we going to condemn him behind his back, and if so, why was he not charged,” Agabi queried.

“If the objective of the prosecution is to adjudge a man guilty when he has not appeared before this court, you are not that kind of judge.

“If a witness who ought to be called by the prosecution is not called, it means that his evidence is detrimental to the prosecution.

“If you uphold these submissions, then, you must dismiss counts 6 and 7 because they are rooted in counts 1 to 4. You cannot build something on nothing” Agabi insisted.

Agabi contended that there was a fundamental inconsistency the judge must not fail to observe and that was the fact that whereas the funds starshed in CBN as stated in counts 1 to 4 are considered illegitimate, in counts 6 and 7, the same funds became legitimate for the procurement of arms.

“So, if the funds are legitimate as stated in counts 6 and 7, then, they should not be regarded as proceeds of crime, the defence lawyer submitted.

“The prosecution called 14 witnesses, and all that the PW1 said was that money was paid into the account of 2nd defendant, he did not incriminate the defendants in any way.

Agabi said the prosecution witness had testified that he made the payment at the instance of the NSA but that “since the purpose was not stated, he put the purpose by himself.

“PW 3, a staff of First Bank simply said the defendant’s bank with them and banking is a legitimate business and not an offence.

“PW 4, a staff of Top Rank Hotel said he reserved an accommodation at the instance of the 2nd defendant, which again was not a crime.

Defence lawyer, Agabi urged the court to dismiss the case because prosecution has not establish any case his client.

In adopting his address, Oluwaleke Atolagbe, representing the EFCC argued that prosecution has made a very strong prima facie case against the defendants.

“We adopt our written address and urge the court to dismiss the application for no case submission and order the defendants to enter their defense.

He said the defendants’ response was a mere rearguments and as such, should be discountenanced.

“From the elements highlighted even by the defendants for all the counts, evidence has shown that a prima facea case has been established.

He added that PW 2 gave evidence that he was asked to make payment to the defendants. Justice Tsoho fixed 12th November for the ruling on no case submission.