Court remands Fani-Kayode, Nenadi Usman other in Prison over alleged N4.6bn Fraud
A Federal High Court in Lagos presided by Justice Sule Hassan on Tuesday June 26th , ordered that Mr. Femi Fani-kayode, Nenadi Esther Usman, and one Danjuma Yusuf be remanded in prisons custody, till Friday July 1, when he will rule on bail applications file in respect of criminal charges filed against them by the Economic and Financial Crimes Commission (EFCC).
Justice Sule Hassan gave the remand order following an application made by EFCC prosecutor, Rotimi Oyedepo, who informed the court that he needed time to respond to the bail applications filed by the accused persons.
After the arraignment of the accused persons Tuesday, the prosecutor had urged the court for accelerated hearing, and equally urged the court to remand the accused persons in prisons custody pending the determination of the charge.
However, lawyers to the accused persons which includes Fred Orbih (SAN), Mr. Ifedayo Adedipe (SAN), and Mr. S. I Ameh, while informing the court that they are not opposing the accelerated hearing, however opposed the remand application pending the determination of the charge.
In opposing the bail application, Mr. Fred Orbih (SAN) lawyer to Nenadi Usman, who was former Minister of State for Finance during President Goodluck Jonathan’s administration, while opposing the remand application, informed the court that he had filed his client’s bail application and such has been served on the prosecution.
He urged the court to allow him to move the bail application.
In the same vein, Mr. Ifedayo Adedipe, lawyer to Femi Fani-kayode, who was Public Secretary of former President Goodluck Jonathan’s Campaign Organization, informed the court that he had filed a bail application on behalf of his and same has also been served on the prosecution.
Adedipe (SAN) particularly informed the court that the bail application was filed on June 15, and same was served on June 16 adding that he has not received a counter-affidavit indicating prosecution’s opposition to the bail application.
He therefore urged the court to hear his client’s bail application.
Also, lawyer to third accused person, Mr. S. I. Ameh, also informed the court that he had filed a bail application on behalf of his client.
In response, the prosecutor, Oyedepo, informed the court that Nenadi and Yusuf’s bail applications were served on the prosecution yesterday, and he needed time to respond to the applications.
Though, he conceded that Fani-kayode’s bail application has been served on the Commission since June 16, he was waiting to respond to the three applications at once since the court will give a singular ruling on the applications.
He therefore urged the court for an adjournment to enable him respond to all the applications.
In remanding the accused persons in Prison’s custody, Oyedepo informed the court that the Commission’s remand facility has been over strength, and that one of the accused persons alleged that he was being assaulted by the Commission’s officials.
Ruling on the submission of both parties, Justice Hassan said; “I have listened to the arguments canvassed by the both parties. The prosecution was only served yesterday.
“In the interest of Justice, it will be better if the prosecution is given the opportunity to respond to the applications. In the instance, the matter is hereby adjourned Till Friday, July 1, for hearing and ruling on bail applications”.
The judge however ordered that the accused persons be remanded in Prisons custody until the next adjourned date.
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.
The EFCC in a 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 been 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.
Count one of the charge reads;
That you, Nnenadi Esther Usman, Femi- Fani-kayode, Danjuma Yusuf and Jointrust Dimentions Nigeria Limited, on or about the 8th day of January, 2015, within the jurisdiction of this Honourable Court conspired amongst yourselves to indirectly retain the sum of N1,500, 000,000.00 (One Billion, Five Hundred Million Naira) which sum you reasonably ought to have known forms part of the proceeds of an unlawful act to wit: stealing, and you thereby committed an offence contrary to Section 15(2)(d), 16(d), 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 15(3) & 4 of the same Act.”
While count 17 reads; “that you Femi Fani-kayode and Olubode Oke (still at large) on or about the 12th day of February,2015 in Lagos, within the jurisdiction of this Honourable Court without going through a financial institution made cash payment in the sum of N6,000,000. 000 (Six Million Naira) to Paste Poster Co (PPC) of 125, Lewis Street, Lagos Island, Lagos which sum exceeded the amount authorized by Law and you thereby committed an offence contrary to Section 1(a), Section 16(d) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 16(2)(b) of the same Act.
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