Court acquits, discharges Jonathan’s aide over N1.6bn fraud

By Peter Fowoyo, Lagos

A Federal High Court, Ikoyi, Lagos on Thursday discharged and acquitted Dr. Emmanuel Waripamo-Oweu Dudafa, senior special assistant to former President Goodluck Jonathan, who was charged before the court for conspiracy, forgery and money laundering.

Also discharged and acquitted alongside Dr. Dudafa, on the alleged offences is a banker, Iwejuo Joseph.

The duo were charged to court by the Economic and Financial Crimes Commission (EFCC) for allegedly laundering N1.6 billion.

The EFCC was represented by Rotimi Oyedepo, while Dudafa was represented by Kolawole Salami and Ademola Adefolaju, who stood for Gboyega Oyewole (SAN) while the banker was represented by Ige Asemudara.

In discharging the duo of the 22- count charge, Justice Mohammed Idris held that the prosecution has failed to prove its case against the two men. The judge also said the prosecution was unable to link Dudafa and Iwejuo to the said crimes.

While reviewing the documentary and oral evidence of the parties, the judge stated that the prosecution’s case collapsed because they failed or refused to call vital witnesses that would have helped their case.

In particular, the judge held that the failure of the prosecution to call Sombre Omeibi, Col. Sambo Dasuki, the former National Security Adviser during Jonathan’s regime, S. A. Salihu, a director of finance in the Dasuki’s office, the Central Bank of Nigeria (CBN) governor or its representative, or any member of Otueke Anglican Communion, was fatal to the anti- graft agency’s case.

Justice Idris said it’s not the numbers of the witnesses called that matters in a trial, but vital witnesses that can throw light into the grey areas.

He added that if the prosecution had called anybody from Otueke Anglican Communion, the witness would have been able to tell the court whether or not they gave the money realised from the fund raising to ex-President Jonathan to hold in trust for them.

Also, he stated that Dasuki or the representative of the CBN if called to testify would have been able to clear the air on whether money was actually released.

The judge while holding that the anti-graft agency was unable to prove the 22 -count charge against the duo, said that both Dudafa and Iwejuo were not directors or signatories to the companies alleged to have been used in laundering the money and as such, they could not have authorised the release of the money into other accounts

On the allegation of forgery against Iwejuo, the judge faulted the EFCC for failing to provide material evidence that the banker, indeed, forged documents or someone’s signature, just as he held Dudafa, declared his assets in respect of the allegation of the charge of non-declaration of assets.

Justice Idris, citing a plethora of authority, said the prosecution based its case on suspicion and that it failed to prove the ingredients of money laundering.

Eulogising the industry of the prosecution, he however, stated that even though the prosecution tried its best, but it could not fill the gaps created by the shoddy investigation of the matter.

He said that while the judiciary would be part of the war against corruption, it should be done within the ambit of the constitution.

Consequently, the judge said that “from all the evidence before the court, the prosecution has failed to prove the case of conspiracy, forgery and money laundering against the defendants. The two defendants are hereby discharged and acquitted of all the 22 -count amended charge.”