N4.6bn fraud: Court to rule on Fani-Kayode, application June 7
Effort by former spokesman to President Goodluck Jonathan’s Campaign Organization, Mr. Femi Fani-Kayode, to have his trial over alleged N4.6 billion fraud transferred out of Lagos Division of Federal High Court, on Monday, hit a brick-wall.
The judge deferred ruling on the application till June 7, 2017.
Also charged alongside Mr. Fani-Kayode are: former Minister for Finance, Mrs. Nenadi Esther Usman, and one Danjuma Yussuf.
The three defendants and a limited liability company, Jointrust Dimentions Nigeria Limited, are being rearraigned on the alleged fraud by the Economic and Financial Crimes Commission (EFCC) before Justice Rilwan Aikawa of an amended 17 counts charge.
The former trial judge, Justice Sule Hassan, as at the last hearing of the matter ‘recuse’ himself, following allegation of bias raised against him by Fani-Kayode.
Fani-kayode had stated that there is likelihood that the judge may be bias, because he was a prosecutor in the chambers of the EFCC, who drafted his charge when he was first arraigned before Justice Rita Ofili-Ajumogobia on alleged money laundering between 2014 and 2015.
At the resumed hearing of the matter on Monday, Mr. Wale Balogun, and Mr. Abiodun Owonikoko (SAN), who represented Mr. Fani-kayode, Usman and Danjuma, informed the court that they have application challenging the court’s jurisdiction.
The defence lawyers told the court that the application was pending before trial judge before the judge excused himself. They therefore urged the court to first hear their applications before the pleas of their clients are taken.
Responding, EFCC lawyer, Rotimi Oyedepo, urged the court to discountenance the defence applications.
Oyedepo informed the court that the former trial judge had ruled on all applications, and that it was on such premises that the matter was transferred to another judge.
The prosecutor therefore urged the court to take the defendants’ plea before hearing any grievances the defence may have.
However, Justice Aikawa while ruling on the submissions of both parties, ordered that the pleas of the defendants be taken, adding that the court will deliver ruling on the adjourned date on the submissions to issue of jurisdiction.
Upon reading of the 17 counts charge to the three defendants, they all pleaded not guilty.
The defendants’ lawyers pleaded with the court to allow their clients continue with the bail terms earlier granted them by the former trial judge on July 4, 2016.
The application was not opposed by the prosecution.
The matter has been adjourned till June 7 and 9, 2017, for commencement of trial and ruling on the application seeking for the transfer of the criminal trial outside Lagos jurisdiction.
The three accused persons, and a limited liability company, Jointrust Dimentions Nigeria Limited, were today arraigned before the court on a 17 count-charge bordering on Fraud, Stealing and corruption.
In the charge marked FHC/L/C/251c/2016, alleged that the accused person, Usman, a former Minister of Finance, under president Goodluck Jonathan Administration, Mr. Femi Fani-kayode, who is also the Goodluck Jonathan Campaign Organization, Danjuma Yusuf and the limited liability company, Jointrust Dimentions Nigeria Limited, had on or before January 2015, unlawfully retained the total sum of N4. 6 billion, which was they knew to have be proceeds from an unlawful act.
While the former State Minister for Finance, Danjuma Yusuf and Jointrust Dimentions Nigeria Limited retained the sum of N1.5 billion, Femi Fani-kayode and Olubode Oke, said to be at large, were alleged to have retained the total sum of N1,650,650 billion.
The accused persons were also alleged to have made payment of several amounts running to billions on Naira without going through Financial institutions.
The offences according to the anti-graft agency are contrary to sections 1(a), Section 15(2)(d), 16(d), 18(a), 16(d) 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3), 16(2)(b) and 4 of the same Act.
