Court orders Dokpesi to explain N2.1bn from ONSA

…Strikes out Dokpesi’s ‘no case submission’
The Federal High Court in Abuja on Wednesday struck out the ‘no-case submission’ filed by the media mogul, Chief Raymond Dokpesi, and his Daar Investment and Holdings Company Limited against the seven count criminal charge.

The charges were filed by the Economic and Financial Crimes Commission (EFCC) alleging fraudulent activities in the sum of N2.1bn payment Dokpesi and his company received from the office of the National Security Adviser (ONSA), Col. Sambo Dasuki(rtd) in 2015.

Justice John Tsoho ruled that the prosecution had established a prima- facie case against the defendants as it is ” instructive” the analysis of the case made by the prosecuting counsel, who contended in his written submission that Dokpesi and his company reasonably ought to know that the sum of N2.1bn was part of the proceeds of Dasuki’s illegal activities.

The defendants must therefore explain the N2.1bn they allegedly received from the Office of the National Security Adviser in 2015.

The defendants, who are the owner of African Independent Television (AIT) and Ray Power FM Radio, have a case to answer in respect of the money laundering and procurement fraud charges,the court ruled.

Citing the Supreme Court’s decision in a similar case before the Federal High Court Abuja involving a former National Publicity Secretary of the Peoples Democratic Party, Chief Olisa Metuh, Justice Tsoho ruled that the prosecution had established prima facie case which warrant an explanation or defendants’ own side of the story.

“I am guided by the decision of the Supreme Court’s decision in Metuh Vs FRN and hold that a prima facie case has been made out against the defendants.

“This is not a stage to evaluate the evidence of the prosecution. The no case submission filed by the defendants on June 19, 2018 is struck out.

“The defendants are hereby invited to explain their own side of the story.”

Recalled, that the Economic and Financial Crimes Commission, had in the seven counts criminal charge alleged that the defendants violated the money laundering and procurement acts by fraudulently receiving the sum of N2.1bn from the ONSA between January and March, 2015.

But, the defendants through their lead counsel, Mr. Kanu Agabi (SAN), filed their no-case submission after the prosecution had closed its case haven called 14 witnesses.

They urged the court to dismiss the case filed against them on the grounds that the essential ingredients of the alleged offences of money laundering and procurement fraud were not proved.

The defendants, whom were represented at the ruling on Wednesday by Chief Mike Ozekhome (SAN), had also argued during the trial that the prosecution failed to lead any evidence linking them to the alleged offences.

But the prosecuting counsel, Mr. Oluwaleke Atolagbe, who vehemently opposed the application, urged the court to dismiss it and call on the defendants to enter their defence.

Atolagbe’s submissions were upheld on Wednesday, in the ruling, as Justice Tsoho made it clearer that at the stage of no-case submission, the court was not expected to determine whether or not the guilt of the defendants had been proved, but only determine if any admissible evidence no matter slight had been led against the defendants.

The judge described as “instructive” the analysis of the case made by the prosecuting counsel, who contended in his written submission that Dokpesi and his company reasonably ought to know that the sum of N2.1bn was part of the proceeds of Dasuki’s illegal activities.

Further quoting from Atolagbe’s written submission, Justice Tsoho said, “In the instant case, the applicants knew they had no contract with the Office of the National Security Adviser, but received the aggregate sum of N2,120,000,000 from the office for doing no work at all.

“This money, the applicants are aware, does not belong to the then NSA, Col. Mohammed Sambo Dasuki (rtd), as it was not even paid from the personal account but from the account of the NSA.

“Knowing that the said money must have been received as part of the unlawful acts of the said NSA, the 1st defendant (Dokpesi) sought to wriggle his way out through the explanation he proffered in his statements.

“Certainly, the applicants ought reasonably to know that such money formed part of the unlawful activity of the then NSA.”

The judge maintained that the court was only concerned with whether “the proof of evidence discloses an offence or offences or whether the accused person is linked to the offence to require his answer to his involvement therein”.

He added that the court is not expected at this stage to form an opinion on the evidence, adding that, “at the stage of no case submission the credibility of the prosecution witnesses should not be considered”.

“It is not a stage the court can believe or disbelieve the witness,” he also pointed out.

He described as “ambitious” the interpretation given by defence lawyer, Agabi, to the provisions of section 303(3)(a) of Administration of Criminal Justice Act to the effect that with the advent of the new law, the prosecution was required to prove the guilt of the defendants and not just a prima facie case.

Justice Tsoho said that to believe Agabi’s submission would be incongruous decision to settled principles of no-case submission.

Consequently, the Court fixed February 20 and 21, 2019 for Dokpesi and DAAR Investment and Holding Company Limited to enter their defence.