Ruling on whether or not to transfer a case involving a former Chairman of the Independent National Electoral Commission (INEC), Prof. Maurice Iwu and the Economic and Financial Crimes Commission (EFCC) from the Federal High Court, Lagos to Abuja jurisdiction of the court has been fixed by a Federal High Court, Ikoyi, Lagos.
Justice Nicholas Oweibo, on Thursday adjourned till March 6 for ruling after listening to arguments from parties.
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The septuagenarian professor is asking the court to transfer his case from Lagos to Abuja due to old age.
The anti -graft agency had on October last year arraigned Iwu on four counts, wherein he was accused of laundering N1.23 billion in the build-up to the 2015 general elections in which President Muhammadu Buhari defeated then incumbent President Goodluck Jonathan.
Iwu’s lawyer, Ahmed Raji (SAN) told the court yesterday that at the age of 70 years, his client is too old to be coming from Abuja to the Federal High Court in Lagos to stand trial.
Besides, Raji said the transactions leading to the charges against Iwu took place in Abuja.
He said: “My Lord, this defendant is over 70 years of age and he always travels down to Lagos and books a hotel whenever this matter comes up. It will amount to great agony for him to continue with this trial in Lagos.”
But, the prosecuting counsel for the EFCC, Rotimi Oyedepo, urged the judge not to transfer the case to Abuja, on the basis that the case was investigated in Lagos and the witnesses to be called are in Lagos and Ibadan.
Citing Section 98 of the Administration of Criminal Justice Act, Oyedepo, argued that only the chief judge of the Federal High Court, rather than Justice Oweibo, has the power to direct the transfer of Iwu’s case to Abuja.
According to the EFCC, Iwu between December 2014 and March 27, 2015, aided the concealment of N1.23 billion in the account of Bioresources Institute of Nigeria Limited with account number 1018603119 domiciled in the United Bank for Africa.
The EFCC said Iwu ought to have reasonably known that the N1.23 billion formed part of the proceeds of an unlawful act, to wit fraud.
The prosecution told the court that the ex-INEC chairman acted contrary to Sections 18(a) and 15 (2) (a) of the Money Laundering ((Prohibition) Act 2011 and was liable to be punished under Section 15(3) of the same Act.
He pleaded not guilty to the charges.
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