Justice Rilwan Aikawa of a Federal High Court, Lagos, today, dismissed an application filed by Governor Emmanuel Udom of Akwa-Ibom state challenging the court’s jurisdiction to entertain the charge slammed on the President of the Nigerian Bar Association (NBA), Mr. Paul Usoro (SAN).
Usoro is currently facing a N1.4 billion money laundering charge, filed against him by the Economic and Financial Crimes Commission (EFCC) before the court and in the charge name of Governor Udom’ alongside his commissioners and Account – General of the state were conspicuously mentioned.
Following the arraignment of Usoro’ before the court, Justice Aikawa had on March 1, upon a request by EFCC ordered the arrest of the commissioners and the Account-General.
The officials mentioned in charge were said to be at large, they are: Commissioner for Finance, Nsikan Nkan; Attorney-General and Commissioner for Justice, Uwemedimo Nwoko and the Accountant General of the state, Mfon Udomah.
However, on May 10, the court vacated the bench warrant against them which also affected one, Margaret Ukpe.
Immediately after vacating the bench warrant order, the court took arguments on another motion by Governor Udom challenging the court’s jurisdiction to entertain the case.
Arguing the motion, Udom’s lawyer, Dr. Charles Mekwunye, said EFCC has no locus to bring the action as the Constitution in Section 128 has outlined how any excesses of a state governor can be checkmated.
He said it is illegal for the EFCC to put the Governor’s name in the charge as he still enjoys immunity as enshrined in Section 308 of the Constitution.
The EFCC’s lawyer while opposing the motion said the court’s power to hear and determine money laundering related offences against all persons is not in doubt.
He insisted that Governor Udom is not a party in the case.
After listening to the submissions of parties, Justice Aikawa fixed May 30, to rule on the application.
Delivering ruling on the application today, Justice Aikawa held that there was no conflict on who was named in the charge as accused.
The judge also stated that in any charge, there is always parties which are prosecution and defendant, and in the charge before him the only defendant listed is Usoro while EFCC is the prosecution.
The Judge said he is totally agreed with all arguments canvassed by EFCC and ruled that that Governor Udom is not a party in the case before it.
“The applicant can be crying wolf where there is none, it is only a party in suit that can cry to court for hearing but in this case, the applicant is not a party and cannot be crying for fair hearing, I hereby dismiss this application for lack of merit”, the judge ruled.
Further hearing in the trial has been fixed for July 3.
In the charge marked FHC/418c/18, the EFCC claimed that Usoro converted and laundered the money in connivance with Governor Udom Emmanuel of Akwa- Ibom State.
The Governor was however not listed as a defendant in the charge, as the anti-graft agency indicated that he is “currently constitutionally immune against criminal prosecution”.
The offence allegedly committed by the NBA President was said to be contrary to Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.
Some of the counts as contained in the charge read as thus:
“That you Paul Usoro SAN, Emmanuel Udom (currently constitutionally immuned against criminal prosecution), Uwemedimo Thomas Nwoko (still at large), Nsikan Linus Nkan (Commissioner for Finance, Akwa Ibom state) (still at large), Mfon Jacobson Udomah (Accountant General of Akwa Ibom state) (still at large) and Margaret Thompson Ukpe (still at large) sometimes in 2015 in Nigeria, within the jurisdiction of this Honourable Court conspired amongst yourselves to commit an offence, to wit, conversion of N1.4 billion, property of government of Akwa Ibom state of Nigeria, which sum you reasonably ought to know forms part of the proceeds of an unlawful activity to wit; criminal breach of trust and thereby committed an offence contrary Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act.
“That you Paul Usoro SAN, Emmanuel Udom (currently constitutionally immuned against criminal prosecution), Uwemedimo Thomas Nwoko (still at large), Nsikan Linus Nkan (Commissioner for Finance, Akwa Ibom state) (still at large), Mfon Jacobson Udomah (Accountant General of Akwa Ibom state) (still at large) and Margaret Thompson Ukpe (still at large) on or about the 14th day of March, 2016 in Nigeria within the jurisdiction of this Honourable Court converted the sum of N300 million, property of government of Akwa Ibom state of Nigeria, which sum you reasonably ought to know forms part of the proceeds of an unlawful activity to wit; criminal breach of trust and thereby committed an offence contrary Section 18 (a) of the Money Laundering (Prohibition) Act, 2011 and punishable under Section 15(3) of the same Act”.
The Federal Airports Authority of Nigeria (FAAN) has said that the Wednesday aborted landing of Money laundering: Given. Udom Failed To Stop NBA President, Usoro’s trial.
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