The trial of two People’s Democratic Party (PDP) chieftains, Nenadi Esther Usman and Femi Fani-kayode before a Lagos Federal High Court on Monday in the alleged N4. 9 billion money laundering charge was stalled due to the absence of Fani-Kayode, the second accused person in court .
Both Fani-Kayode and Usman alongside one Danjuma Yusuf, and a limited liability company, Joint Trust Dimension Nigeria Limited, were arraigned before the court presided over by Justice Muslim Hassan led-court by the Economic and Financial Crimes Commission (EFCC), on a 17 count charge bordering on unlawful retention, unlawful use and unlawful payment of money in the tune of about N4.9 billion.
At the resumed hearing of the charge on Monday, Fani-Kayode’s Lawyer, Wale Balogun, informed the court of his client’s absence, which he attributed to the flagrant disobedience of court’s order by the EFCC. Balogun said he had on October 24, 2016, informed the of attempt by the anti-graft agency to arrest his client (Fani-Kayode), which he said was denied by the prosecution.
He however stated that it was unfortunate that the Operatives of the Commission did arrested his client, and when he met with the team leader and requested for his client’s warrant of arrest, he was told that it was order from above. The arrest he said was carried out without any warrant of arrest.
He said: “the last time, October 24, 2016, I informed the court that EFCC was trying to arrest my client, and the prosecutor denied it. Unfortunately, that, he was arrested, I met with the team leader and requested for his arrest warrant, he told me it was an order from above. He was arrested without arrest warrant.
“He was in prosecution’s custody for 21 days, and later arraigned before Justice Tsoho, of an Abuja federal High Court, of November 10, 2016, on a five count-charge.
“Though, we urged the court to let him enjoy the former bail conditions, and despite informing the court that he has to be before this court today for his trial, the court in its wisdom still imposed another conditions, and he has been transferred to Kuje Prisons, while both the family and friends are making frantic efforts to perfect his bail.”
In response, the EFCC prosecutor, Mr. Rotimi Oyedepo, while confirmed that Fani-Kayode was arrested by the Operatives of the Commission outside the court premises at the last hearing of the matter. However stated that the arrest and arraignment was in connection with another Financial transaction.
Oyedepo said: “I confirmed to court that he was arraigned before Justice Tsoho in an Abuja Federal High Court, in relation to certain Financial transaction that does not have connections with the charge before this court.
“I do not see anything wrong in law or morality preventing the prosecution to prefer charge again him.
“In relation to the charge before this court, he never reported any infraction on his rights. The case before this court was committed and investigated in Lagos, before he was Charge before this court.
“He deeped his hands in another Financial transaction which he has been charged at Abuja. His subsequent arrest and detention was not intended to disobey the court order, but it was in the view to serve him with the charge for the purpose of charging him before another court. He was not arrested in connection with this case”.
After responded to the allegation, Oyedepo informed that the court that I’m view of the absence of Fani-Kayode, the trial will not likely go on despite having the four Prosecution witnesses in court. He therefore urged the court for a very short adjournment.
Lawyers to other accused persons, Chief Ferdinand Orbih, and S. I. Ameh, both Senior Advocates of Nigeria (SANs), did not opposed to the adjournment sought for by the prosecutor.
Chief Ferdinand (SAN) particularly urged the court for a long but adjournment, on the ground that they do not know how long it will take before Fani-Kayode, who is the second accused person, will be able to meet the bail conditions in the new charge.
He also informed the court of an application seeking the transfer of the charge to Abuja Division of Federal High Court. Though, he said the application is not ripe for hearing, and that same has been served on the prosecution.
But the prosecutor, Oyedepo, while urging the court not to concede to Chief Ferdinand’s application for long date, said the trial accused person in criminal matter according to Administration of Criminal Justice Act (ACJA), should be day-to-day, and if there is reason for adjournment, such adjournment should not be more than 14 day.
Consequently, the presiding judge, Justice Muslim Hassan, adjourned the matter at the instance of the EFCC till December 12, 2016, for hearing of the pending application and continuation of trial.
Fani-Kayode, former Director of Media and Publicity in the campaign committee of ex President Goodluck Jonathan, was arraigned alongside a former Finance minister, Nenandi Usman, and Danjuma Yusuf.
They had each pleaded not guilty to the charges.
In the charge, the accused were alleged to have committed the offences between January and March 2015.
In counts one to seven, they were alleged to have unlawfully retained over N3.8 billion which they reasonably ought to have known formed part of the proceeds of an unlawful act of stealing and corruption.
In counts Eight to 14, the accused were alleged to have unlawfully used over N970 million which they reasonably ought to have known formed part of an unlawful act of corruption.
Meanwhile in counts 15 to17 Fani-Kayode, together with one Olubode Oke who is said to now be at large, were alleged to have made cash payments of about N30 million, in excess of the amount allowed by law, without going through a financial institution.
Besides, Fani-Kayode was alleged to have made payments to one Paste Poster Company (PPC) of 125, Lewis Street, Lagos, in excess of amounts allowed by law.
The offences were said to have contravened the provisions of sections 15 (3) (4), 16 (2) (b), and 16 (5) of the Money laundering (prohibition) (Amendment) Act, 2012.
