Justice

Akin Kuponiyi

Former Senior Special Assistant on Domestic Affairs to ex-president Goodluck Jonathan, Dr. Waripamo Owei-Emmanuel Dudafa and others continue, facing trial over alleged N5.1 billion money laundering before a Federal High Court, Lagos. They have filed no case submission before the court urging the court to discharge and acquit them.

The other co-accused, Iwejuo Joseph Nna, also known as Taiwo A. Ebenezer, and Olugbenga Isaiah, also made the same application.

The plea of the accuse persons were contained in a seperate no-case- submission applications filed before the court.

Dudafa, Nna and some companies are currently standing trial before the court on a fifteen counts charges of N5.1 billion money laundering file against them by the Economic and Financial Crimes Commission (EFCC).

The five incorporated companies, arraigned alongside the accused are: Seagate Property Development and Investment Limited, Avalon Global Property Development Company Limited and Pluto Property Limited Investment Company Limited and Rotate Interlink Services Limited.

The offences alleged to have be committed by the accused persons are contrary to and punishable under sections 17(a), 18(c), and 27 (3) (c) of the Economic and Financial Crimes Commission (Establishment) Act 2004.

During the last hearing EFCC prosecution, Mr. Rotimi Oyedepo, told the court that it has closed it case against the accused persons.

However, at the resumed hearing of the matter , the accused person was to open their defence, but their lawyers, A. Olufolaju, who stood in for Gboyega Oyewole (SAN), and Mr. Ige Asemudara, told the court about their clients’ no-case-submission,

Ige Asemudara told the court that the said applications have been served on the prosecution.

The EFCC lawyer, Mr. Rotimi Oyedepo confirmed receiving the said application, and told the court that he needed time to respond to the application, as he has been just served.

Upon the request of the prosecution for more time to respond to the application,the presiding Judge, Justice Idris Mohammed adjourned the case till May 15, 2018 for hearing of their applications.

Dudafa and Nna, in their applications seeking to discharge them of the allegations, stated that the prosecution has failed to prove the essential elements of the offences linking them to the charges,and that the evidence so far led has been discredited under cross examination, which manifestly unreliable.

In urging the court to discharge and acquit them of the the offence, they stated that: “one of the essential elements of the offences in the charged have not been proved against them, as an exhibits tendered by the prosecution, which was a letter from the National Security Adviser (NSA) office, signed by my Col. Sambo Dasuki, retired, and addressed to the Governor of Central Bank of Nigeria (CBN) requesting for certain money, failed to show if money was actually disbursed or not

The defendants also stated that the prosecution also failed to tender statement of account, to justify the alleged collection and disbursement of fund from CBN. Because, the CBN Establishment Act No.7, now contained in CAP. C4 of the updated version of the Laws of the Federation of Nigeria, states that: ” the bank shall receive and disburse federal government money and keep account thereof”.

Nna in his no- case submission said two things flow from the above, the first is that a crime has been committed before the money was released .The second is that the money is a product of that Crime.

Dudafa and Nna averred that there is no testimony through any of the prosecution witnesses that mentioned the particular crime or the person or persons who committed the crime and that there is no allegation in the charge that it is any of the defendants who committed the predicate crime,

The defendants said that neither the predicate crime nor its proceeds were proved, adding that it is clear from the evidence on record that the alleged crime had been committed before the first and second defendant allegedly conspired to conceal or even concealed the proceeds.

Therefore the said predicate crime must be proved beyond reasonable doubt”.

They also stated that the prosecution has failed to prove the essential ingredients of the allegations in all counts of the charge against them. Thereby making it impossible for the prosecution to make any prima facie case to warrant them to be called upon to enter their defence in respect of all the all the counts of the charge.

Consequently, both Dudafa and Nna, urged the court to uphold their no-case-submission, and discharge and acquit them on all the 23 counts charge.