EFCC tenders 108 cheques used by Fani-Kayode, others in N4.9bn fraud

Peter Fowoyo

The Economic and Financial Crimes Commission (EFCC) has tendered 108 cheques allegedly used by Femi Fani-Kayode and others in the alleged N4.9 billion fraud case before a Federal High Court, Lagos.

Fani-Kayode, a former minister of aviation alongside Nenadi Esther Usman, a former minister of finance, Danjuma Yusuf one time chairman, Association of Local Government of Nigeria (ALGON) and a company, Joint Trust Dimensions Limited are been tried before the court.

They are facing a 17 -count charge bordering on conspiracy, unlawful retention of proceeds of theft and money laundering before Justice Rilwan Aikawa.

Fani-Kayode, who was the director of publicity of ex-President Goodluck Jonathan’s presidential campaign organisation for the 2015 election was accused of conspiring with the others to directly and indirectly retain various sums which the EFCC claimed they ought to have reasonably known were proceeds of crime.

The defendants were accused of conspiring among themselves to indirectly retain the sum of N1. 5billion and indirectly, retaining N300million, N400million and N800million respectively, all proceeds of corruption according to the EFCC.

Also, the former minister was accused of directly using parts of the money at various times, including N250million which he allegedly used between March 20 – 25, 2015 and of making a cash transaction of N24million with one Olubode Oke, said to still be at large on February 12, 2015.

The duo were said to have made the transaction without going through any financial institution, an act the EFCC claims is contrary to Sections 1(a) and 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 16(2)(b) of the same Act.

The defendants pleaded not guilty to the charge.

When the matter came up, an EFCC investigator, Shuaibu Shehu, while being led-in-evidence by the prosecutor, Rotimi Oyedepo, tendered 108 Zenith Bank cheques which he told the court were recovered in the course of investigation into the matter.

The cheques were subsequently, marked as exhibit 11(1-108). The EFCC witness when asked by the prosecutor, who was the beneficiary of the cheques, answered that 103 of the cheques showed the names of Fani-Kayode, adding that the cheques were drawn from the second defendant’s account with the bank.

“100 cheques were of cash withdrawal and 96 of the cheques were withdrawn from the account of the second defendant,” the witness stated.

Upon the conclusion of the witness evidence-in-chief, the prosecutor sought to tender in evidence all the Ministry of External Affairs’ Statement of accounts, account documents package and certificate of identification for admissibility, but the move was objected by the defendants’ counsel.

In urging the court to reject the documents, counsel to Usman, Yussuf and Jointrust Limited, K. C. Nwofor, who stood in for Chief Ferdinand Orbih (SAN), told the court that the documents are not legible, just as Fani-Kayode’s counsel, Norrison Quakers (SAN), urged the court to reject the documents as it fails to meet the provision of Section 84 of the Evidence Act.

He said the current law is that a computer generated exhibit can only be admitted by the person that worked on it.

Quakers said the only person who can tender the exhibit is Eyituoyo Mogbetern, the Zenith Bank’s Compliance Officer. He added that the witness is not in position to tender the documents as he is not a staff of the bank.

Meanwhile, Justice Aikawa, has adjourned the matter till October 29, for ruling on the documents sought to be tendered and continuation of trial. The Judge also granted Nenadi Esther Usman’s application for bail variation, to enable her travel abroad for medical trip.