N179.8m fraud: Defence lawyer’s absence stalls trial of PDP chieftain, 2 INEC staff

Further hearing in the trial of the deputy National Chairman (South) of the People’s Democratic Party (PDP) Yemi Akinwonmi and two officials of Ogun State office of the Independent National Electoral Commission (INEC) over alleged N179.8 million fraud, before a Federal High Court, Lagos, Thursday, suffered a set back due to the absence of their counsel, Mr. Ahmed Raji (SAN).
Raji (SAN) had written a letter to court for an adjournment, as he stated that he was advised by his doctor to take medical rest.
Akinwonmi and the two INEC officials, Dickson Atiba and Ogunmodede Oladayo, are being arraigned before the court presided over by Justice Chuka Obiozor, on the alleged fraud, by the Economic and Financial Crimes Commission (EFCC).
The three defendants were first arraigned before Justice Sule Hassan, on July 30, 2018, during the court’s annual vacation, while they were granted bail by Justice Obiozor, on August 7, 2018, after arguing their bail applications by the counsel. While the matter was reassigned to Justice Chukwujekwu Aneke after the vacation.
Midway to the trial of the defendants, Justice Aneke withdrew from hearing the matter, following application made to the court by the defence, consequently, the matter was reassigned to Justice Obiozor, where their plea was retaken.
Upon retaken of their plea, their counsel then, Edward Ayo-Odugbesan, informed the court of his clients pending applications, one challenging court jurisdiction and the second for quashing of the charge.
At the resumed hearing of the matter today, EFCC counsel, Samuel Daji, told the court that the business of the day, is for hearing of defendants’ two pending applications and that he was surprised that counsel to the defendants were not in court.
He added that he was not informed about their absence.
However, before Daji could complete his submission, the presiding judge called his attention to a letter written by the defendants’ new counsel, Mr. Raji (SAN), wherein he sought for an adjournment due to ill-health coupled with his doctor advice to him to take some rest.
Justice Obiozor said: “there is a letter for adjournment by the defendants’ counsel, he had a medical advice to rest”.
Following the reading of Raji’s letter, EFCC counsel, Daji concede to the adjournment sought for, consequently, with his understanding and agreement, Justice Obiozor, adjourned the matter till October 30, for argument on court’s jurisdiction.
The three defendants are facing an eight count-charge bordering on conspiracy, by befitting from proceeds of crime, receiving various cash sums without going through financial institutions and accepting various cash sums exceeding amount authorized by the law.
They were accused of receiving the said money from Guaranty Trust Bank (GTB), United Bank for Africa (UBA), Stanbic/IBTC, Diamond Bank Plc, First City Monument Bank (FCMB) Skye Bank Plc and Diamond Bank Plc, sometimes in March 2015, during General Election
The offences according to the prosecution led by Rotimi Oyedepo are contrary to section 18 (a), 15(2)(d), 16 (d) 1(a), 16 (1) (d), and 16 (d) of the Money Laundering (Prohibition) Act 2011 as Amended and punishable under 15 (3)(4) and 16 (2)(b) of the same Act.
The accused however pleaded not guilty to all the charges.
Count one of the the charge against the defendants read: “that you Yemi Akinwonmi, Dickson Atiba and Ogunmodede Oladayo sometimes in March, 2015 in Nigeria within the jurisdiction of this Honourable Court conspired amongst yourselves to directly take possession of the sum of N179,800,000.00 (One Hundred and Seventy Nine Million, Eight Hundred Thousand Naira) which sum you reasonably ought to have know forms part of the proceeds of fraud and you thereby committed an offence contrary to Section 18 (a) of the Money Laundering (Prohibition) Act 2011 as Amended and punishable under 15 (3)and (4) of the same Act.
Count two reads: “that you Yemi Akinwonmi, Dickson Atiba and Ogunmodede Oladayo sometimes in March, 2015 in Nigeria within the jurisdiction of this Honourable Court directly took possession of the sum of N179,800,000.00 (One Hundred and Seventy Nine Million, Eight Hundred Thousand Naira) which sum you reasonably ought to have known forms part of the proceeds of fraud and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) Act 2011 as Amended and punishable under 15 (3) and (4) of the same Act.
The third count read: “that you Yemi Akinwonmi and Dickson Atiba , Ogunmodede Oladayo sometimes in March, 2015 in Nigeria within the jurisdiction of this Honourable Court without going through Financial institution received cash payment of the sum of N179,800,000.00 (One Hundred and Seventy Nine Million, Eight Hundred Thousand Naira) from Adeyinka Ayo-Aina which sum exceeded the amount authorized by law and you thereby committed an offence contrary to Section 16 (d) of the Money Laundering (Prohibition) Act 2011 as amended and punishable under 16 (2) (b) of the same Act.
Count Four: “that Yemi Akinwonmi and Dickson Atiba on or about the 7th day of April 2015 in Nigeria within the jurisdiction of this Honourable Court did conspire amongst yourselves to commit an offence, to wit: making and accepting cash payment of the sum of N69, 000,000.00 (Sixty Nine Million Naira only) which sum exceeded the amount authorized by law without going through financial institution and you thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) Act, 2011 as Amended and punishable under Section 16 (2) (b) of the same Act.
Count five: “that you Yemi Akinwonmi on or about the 7th day of April 2015 in Nigeria within the jurisdiction of this Honourable Court without going through financial institution made cash payment of the sum of N59, 000,000.00 (Fifty Nine Million Naira only) which sum exceeded the amount authorized by law without going through financial institution and you thereby committed an offence contrary to Section 1(a), 16 (1) (d) of the Money Laundering (Prohibition) Act, 2011 as Amended and punishable under Section 16 (2) (b) of the same Act.
Count Six: “that you Dickson Atiba on or about the 7th day of April 2015 in Nigeria within the jurisdiction of this Honourable Court without going through Financial institution accepted cash payment of N59, 000,000.00 (Fifty Nine Million Naira only) which sum exceeded the amount authorized by law and you thereby committed an offence contrary to Section 16 (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under 16 (2) (b) of the same Act.
Count Seven: “that you Yemi Akinwonmi sometimes in April 2015 in Nigeria within the jurisdiction of this Honourable Court without going through financial institution made cash payment of the sum of N10, 000,000.00 (Ten Million Naira only) which sum exceeded the amount authorized by law without going through financial institution and you thereby committed an offence contrary to Section 1(a), 16 (1) (d) of the Money Laundering (Prohibition) Act, 2011 as Amended and punishable under Section 16 (2) (b) of the same Act.
Count Eight: “that Dickson Atiba sometimes in April 2015 in Nigeria within the jurisdiction of this Honourable Court without going through Financial institution accepted cash payment of N10, 000,000.00 (Ten Million Naira only) which sum exceeded the amount authorized by law and you thereby committed an offence contrary to Section 16 (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under 16 (2) (b) of the same Act.
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