N500m fraud: Court fixes Nov 26 to entertain motion on jurisdiction
Hearing of a motion challenging the jurisdiction of a Federal High Court, Ikoyi, Lagos to entertain a N500 million fraud charge slammed on the Chairman of the Peoples Democratic Party (PDP) in Ondo State, Mr. Clement Faboyede, by the Economic and Financial Crimes Commission (EFCC) has been fixed.
Justice Saliu Saidu on Friday fixed November 28, 2018 to entertain the motion.
In a motion filed through their lawyer, Eyitayo Jegede (SAN), Faboyede and his co-accused, Modupe Adetokunbo, the Director General of PDP Campaign Organisation in Ondo state during the 2015 general election, are seeking for an order of the court dismissing or striking out the charge.
They claimed that none of the ingredients or acts alleged against them in the proof of evidence took place in Lagos but in Akure, Ondo state.
In an affidavit attached to the motion deposed to by Faboyede, it was averred that all the defence witnesses were scattered across the 18 local government areas of Ondo state and that it would be difficult to bring them to Lagos to testify in the matter.
Some of the witnesses were said to be civil servants who are residents of Ondo state.
In a suit marked, FHC/ L/201C/2018, the EFCC alleged that the defendants and others at large on or about March 27, 2015, conspired amongst themselves to accept cash payment of N500 million from one, Owolanke Micheal, without going through any financial institution.
Clement Faboyede, was also said to have while acting as the state Chairman of the Peoples Democratic Party (PDP) on March 27, 2015, made cash payment of N500 million to the Ondo State Election Committee of the party without going through financial institution contrary to Section 1 of the Money Laundering (Prohibition) Act, 2011(as amended by Act 1 of 2012) and punishable under Section 16(2) of the same Act.
