N450m fraud: Late service of amended charge on defendants stalls trial

The planned trial of Mr Dele Belgore (SAN) and a former Minister of Planning, Prof Abubakar Sulaiman, over alleged N450million fraud at the Federal High Court in Lagos was on Friday stalled due to late service of the amended charge by the prosecution on defendants.

The Economic and Financial Crimes Commission (EFCC) is prosecuting Belgore and Sulaiman for their role in the $115million allegedly shared by ex-Minister of Petroleum, Mrs. Diezani Alison-Madueke, to rig the 2015 general elections.

One of the prosecution witness, Usman Zakari, had at the last adjourned date while been led in evidence by the agency’s lawyer, Rotimi Oyedepo, told the court how Belgore and Sulaiman, had admitted collecting N450million from the $115million allegedly shared by Alison-Madueke.

Although the witness, while been cross examined by Belgore’s lawyer, Ebun Sofunde SAN, said it was not contained in the statement ‎he wrote upon the conclusion of investigation into the matter.

When the matter came up yesterday, the EFCC’s prosecutor, Idris Mohammed, told the court of a second amended charge filed on November November 22.

His words:” We have filed a second amended charge dated November 22, 2017 and also filed before the court on same day.

“The defendants were served with the charge, the first defendant was served on Thursday November 23, while the second defendant was served this morning in the court. The defendants have asked for time to enable them study the charge.
“We are conceding to the request of the defendants to study the amended charge”

The defence lawyer, Ebun Shofunde (SAN) and Tunji Ayanlaja (SAN), confirmed the submission of the anti-graft agency prosecutor.

Shofunde SAN said” I confirm everything that he has said, we were served at the chambers yesterday at 4:17 pm, and I had already left the office”.

Justice Rilwan Aikawa later adjourned the case till November 28 for continuation of hearing.

‎In the existing five count amended charge, Diezani was alleged to have conspired with Belgore and Sulaiman on or about March 27, 2015, to directly take possession of the sum of N450 million, which they reasonably ought to have known forms part of proceeds of unlawful act.

The trio were also alleged to have taken the said funds in cash, which exceeded the amount authorized by law, without going through any financial institutions.

Belgore and Sulaiman were also alleged to have paid the sum of N50 million to one, Sheriff Shagaya, without going through any bank.

According to the EFCC , the offence is contrary to Sections 18(a), 15(2)(d), 1(a), 16(d) and punishable under Sections 15(3) and 4, 16 (2)(b), and 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012.

Peter Fowoyo