A Federal High Court sitting in Lagos on Wednesday heard a motion seeking to set aside the guilty plea of four firms allegedly used to launder $15.5million belonging to a former First Lady, Dame Patience Jonathan.
The motion was filed by a lawyer, Amajuoyi Azubuike Briggs, who is standing trial alongside Waripamo-Owei Dudafa, an aide to former President Goodluck Jonathan and one, Adedamola Bolodeoku for allegedly concealing the total sum of $15,591,700.00 which, according to the charges filed in court, they knew formed part of the proceed of an unlawful act, through various banks in Nigeria.
The four firms who pleaded guilty to laundering the money upon their arraignment alongside the trio, are Pluto Property and Investment Company Ltd, Seagate Property Development and Investment Company Limited, Trans Ocean Property and Investment Company Limited and Avalon Global Property Development Company, They pleaded guilty through their representatives.
They were represented by Friday Davies, Agbor Baro, Dioghowori Frederick and Taiwo Ebenezer respectively.
The four firms were later convicted on the alleged offence following the review of the facts of the case by the EFCC prosecutor.
Dissatisfied, Dudafa and Briggs filed separate applications seeking to reverse the plea at the court. The applications were however dismissed by Justice Kuewumi on the ground that the same issues were being canvassed by the accused persons at the Court of Appeal.
However, the Court of Appeal in its judgment on June 15, 2017, directed the lower court to hear Briggs’ motion seeking to reverse the plea of the companies.
At the resumed hearing of the case on Wednesday, EFCC’s lawyer, Rotimi Oyedepo, sought the court’s permission to continue with the examination-in-chief of the first prosecution witness, but the request was opposed by the defence lawyers.
In particular, Briggs’ lawyer, Ige Asemudara, drew the court’s attention to the Appeal Court’s judgment which ordered the hearing of his client’s motion challenging the guilty plea of the four companies. .
He also told the court that he had filed another motion seeking to set aside the conviction of the four firms.
In his own submissions, lawyer representing the four firms, Chief Mike Ozekhome (SAN) equally notified the court of the existence of a motion he filed since May 8, 2017, seeking to set aside the guilty pleas of the companies.
According to him, the court cannot proceed to trial when the plea of the firms which are in joint trial with the other accused persons is being challenged.
Lawyers to the other accused persons, Gboyega Oyewole (SAN) and Joseph Okodieme also spoke against the matter proceeding into trial.
After listening to the submissions of parties in the matter, Justice Kuewumi opted to hear Briggs motion as directed by the Court of Appeal.
In moving the motion, Briggs’ lawyer, Ige Asemudara, said the main issue is that the plea entered into by the firms wherein his client is the secretary does not comply with Sections 477 (3) and 478 of the Administration of Criminal Justice Act (ACJA) 2015.
While urging the court to set aside the guilty plea of the firms, the lawyer said the prosecution is yet to file any counter-affidavit against the motion.
In his response, EFCC’s lawyer, Rotimi Oyedepo, urged the court to rely on its record with regards to the service of the charge on the directors of the firms as well as their appearances before the court.
He added that in view of the firms’ plea which was made by the directors and upon the admission of the facts reviewed by the prosecution leading to the firms’ conviction, the motion is a violent abuse of court’s process.
Oyedepo said the applicant (Briggs) equally lacked the ‘locus standi’ to complain about the plea of his co-accused because the plea of an accused person is peculiar and personal to him or her.
The court has reserved ruling on the motion while hearing of other pending applications has been fixed for November 22.